Mr. Prashant Singh, Advocate v. THE STATE THROUGH IO/ACP

.....Respondent Through: Ms. Meenakshi Dahiya, Ld. APP for the State with ACP Naresh Kumar and Insp. Gulshan Yadav, AGS, Crime Branch. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R 20.02.2025 The Second Application under Section 482 read with Section 528 BNSS, 2023 has been filed on behalf of the Petitioner/Applicant Mohd. Saleem seeking pre-arrest bail in case FIR No.360/2019 under Sections 419, 420, 468, 471 IPC read with Section 7/13 POC Act, 1988 P.S. Crime Branch.

2. It is submitted that the allegations against the Applicant as per FIR are that while serving as Sub Inspector and posted as Enquiry Officer in the Special Branch, West Zone, P.S. Malviya Nagar, he fraudulently verified 14 Passport Verification Forms from July 2019 to October 2019. The Applicant claims that these allegations are entirely baseless and he has been wrongly made a scapegoat in the matter because of the Internal This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:52:48 Departmental Issues and grudges borne by the colleagues and Officers. He has not committed any offence as alleged in the FIR.

3. The Petitioner approached the learned Trial Court for grant of Anticipatory Bail on 30.09.2024, but the same was dismissed vide Order dated 24.12.2024.

4. This is the Second Anticipatory Bail Application which has been filed on behalf of the Petitioner. It is submitted that this Court has granted Anticipatory Bail one other Verification Officer who conducted 31 passport verification. Further, two more accused who were the passport applicants have also been granted Anticipatory Bail vide Order dated 15.01.2025 and

20.01.2025.

5. It is submitted that the grounds on which the Bail is sought is that the Applicant has already been subjected to detailed interrogation and that the Trial Court has failed to consider that the Applicant has not verified a single passport of Afghan National or a person who is not a citizen of India. The Landlord and the Passport Applicant may have connived/conspired to obtain the Passport, but the Applicant has not given any false Declaration on fabricated documents.

6. The FIR was registered on 31.12.2019 and till date no substantive evidence to link the Applicant with the purported crime, has been collected. Further, no additional incriminating evidence has been found against the Applicant during the interrogation of the co-accused persons. The investigations conducted so far, also do not disclose that the Applicant has either acquired disproportionate assets or has taken illegal gratification. No recovery has been made from the Applicant. He has fully cooperated with the I.O during the investigations. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:52:48

7. Hence, the Anticipatory Bail is sought by way of the present Application.

8. The Status Report has been filed on behalf of the State, wherein it is submitted that total of 343 Passport Verifications were cleared by six Police Officials including the present Applicant. He had carried out the Passport Verification of 14 Applicants which have been found out incorrect. It is claimed that the Applicant along with his associates and the passport Applicants, had hatched a calculated and premeditated conspiracy to obtain Indian Passports for individuals who were no eligible, by using forged and fabricated identity and residence proofs. The alleged Passport Holders were detained at different Airports due to their LOCs and subsequently arrested.

9. The Applicant did not in fact, visit the given addresses mentioned in the Passport Applications but instead provided a positive report about verification of their addresses. The Applicant is evading arrest. Therefore, the Bail Application is opposed.

10. Submissions heard and record perused.

11. The Complaint dated 18.12.2018 was received in the office of DCP, Special Branch and Vigilance Enquiry was conducted into the allegations leveled against certain Police officials of Crime Branch and 343 accused persons who had procured Indian Passports on the basis of forged documents. The allegations were that all these passport holders had connived with the Police officials who cleared their Police Verification Reports for the Passport Verification Forms. FIR was consequently, registered and investigations carried out.

12. As per the Prosecution, the Applicant had carried out Verification in 14 Applications and a fabricated Report in regard to the residence proof had This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:52:48 been furnished thereby facilitating the applicants to get Passports on forged documents.

13. The record shows that the Applicant has already joined investigation. According to the State, Nine Chargesheets have been filed over a period of time against other accused persons. The allegations against the Applicant are basically documentary in nature, which has already been collected by the State. Furthermore, the Applicant has already joined investigations six times. The only objection being taken on behalf of the State is that he is not cooperating but has failed to explain as to what cooperation is required. He is a Police official and he is not likely to abscond.

14. Thus, considering the totality of circumstances it is directed that in the event of his arrest, the Petitioner be admitted to bail subject to the following conditions: (i) The petitioner shall furnish a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer; (ii) The petitioner shall furnish his mobile number Investigating Officer on which she may be contacted at any time and shall ensure that the number is kept active and switched-on at all times; (iii) If the petitioner has a passport, he shall surrender the same to the Investigating Officer and shall not travel out of the country without prior permission of the Trial Court; (iv) The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:52:48

15. The Petition stands disposed of in the above terms. FEBRUARY 20, 2025/va NEENA BANSAL KRISHNA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/02/2025 at 13:52:48