Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33242 of 2019 Applicant :- Rajendra Singh Chawla Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Verma,Rahul Dubey,Ram Bahadur Counsel for Opposite Party :- G.A.,Dhiraj Srivastava,Syed Mohammad Abbas Abdy
Hon'ble Rajul Bhargava,J.
Heard Sri Anil Srivastava, learned Senior Advocate assisted by Sri Anil Kumar Verma, learned counsel for the applicant, Sri V.K. Srivastava, learned Senior Advocate assisted by Sri S.M.A. Abdy & Rahul Dubey, learned counsels for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Brief facts as narrated in the first information report are that the applicant and the first informant are real brothers and they were running several businesses in partnership. It is alleged that the applicant who is a history-sheeter and a criminal prepared a forged partnership deed and got it renewed deleting the name of certain partners and also opened a fake account in the name of partnership fund in Punjab National Bank. The dispute in respect of the partnership firm started between the applicant and first informant in the year 2012 and the electricity connection was also got disconnected and the first informant had informed the Executive Engineer that no fresh connection of electricity of the petrol pump be issued. But the applicant who is a very cunning man got a new electric connection of the petrol pump by forging documents. The applicant also got the Sales Tax Registration TIN number of the firm M/s Singh Career cancelled and afterwards the applicant obtained a fresh TIN number and started operation of the petrol pump. It is stated that in bank accounts also he got the names of partnership changed.
Learned counsel for the applicant has argued that admittedly the applicant and the first informant are real brothers and certain dispute arose between them in respect of the firm and on account of several dispute and differences the F.I.R. was lodged by the first informant with the object of injuring and humiliating the applicant by having so arrested. In this behalf, several orders passed by different courts have also been appended with the affidavit and at this stage, prima facie, no case under Sections 420, 467, 468, 471 I.P.C. is made out. Learned counsel has further submitted that inadvertently in Para 6 of the affidavit, it has been mentioned that the applicant is not involved in any kind of criminal activities, however, in the rejoinder affidavit due explanation has been given in Para 7 of the rejoinder affidavit. He has mainly laid stress in respect of Case Crime No.1865 of 2005, under Sections 147, 148, 149, 302, 307, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, Police Station Sipri Bazar, District Jhansi and it has been submitted that the applicant was not named in the first information report rather the first informant Gurjeet Singh Chawla and five others were arrested in the case and sent to jail. The true copy of the first information report has been annexed as Annexure-RA-1 to the rejoinder affidavit. It is stated that so far as the other cases are concerned, they are very old cases. In Para 18 of the rejoinder affidavit, it is stated that the first informant Gurjeet Singh Chawla is also a history-sheeter and his History Sheet Number is 14B of P.S. Nawabad, District Jhansi. The details of the cases showing involvement of the first informant have been stated in Para 8 of the rejoinder affidavit. He has drawn the attention of the Court to the letter of SSP, Jhansi declaring the first informant Gurjeet Singh Chawla as a land mafia; copy of the letter has been annexed as Annexure- RA-4 to the rejoinder affidavit. Therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant strongly opposed the prayer for bail but could not dispute that the applicant and the first informant are real brothers and the bone of contention between them is relating to certain business transactions and bungling allegedly done by the applicant in respect of which several litigation are pending between them. However, they have submitted that the applicant has not come up with clean hands and in Para 6 of the affidavit sworn by the applicant himself it is stated that he is not involved in any kind of criminal activities, however, he is involved in several criminal cases; his History Sheet number is 13-B of P.S. Nawabad, District Jhansi. Therefore, the applicant is not entitled for anticipatory bail.
Having given my anxious consideration to the submissions advanced by learned counsels for both the parties and perusal of the allegations made in the first information report as essentially the dispute is of partnership between the applicant and the first informant and the investigation is going on, in which the alleged forgery by the applicant is yet to be established, without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail in this case.
In the event of arrest of the applicant- Rajendra Singh Chawla involved in Case Crime No. 96 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station- Sipri Bazar, District- Jhansi, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 2,00,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with an undertaking that he shall appear before the Investigating Officer as and when required by him and he shall also provide his thumb impression and handwriting for the purposes of tallying by the handwriting expert in respect of the alleged forgery committed by him in the bank records and other documents with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 30.9.2019 Vikas