High Court · 2025

further submitted that on the basis of alleged recovery, instant FIR of the present case was lodged on 16.10.2024 against applicant and six others, under Sections 318(4), 338, 336(3), 340(2), 61(2) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and same was registered as Case Crime No.0479 of 2024.

5. It is further submitted that co-accused Neha Kumari, who is wife of the applicant, is Bank Manager in H.D.F.C. Bank, Greater Kailash-II, M-Block, South Delhi. He further submitted that statements of applicant, co-accused Govind Singh and confessional statement of Neha Kumari, wife of the applicant have also been recorded. It is further submitted that there are very serious allegations regarding the forgery being committed against Bank but interestingly, neither any complaint nor any FIR was lodged by any Bank or any individual in respect of the allegations made in the FIR. It is further submitted that the allegations, which have been made in the FIR, not only of fabricating the documents in as much as of the aforesaid recovery from the car of the applicant but there is no allegation with regard to misuse the same. It is further submitted that in view of the facts and circumstances of the case, entire recovery is nothing but false and fabricated to falsely implicate the applicant in the present case.

6. It is further submitted that however, wife of the applicant i.e. co- accused Neha Kumari has been taken under remand but thereafter on 17.10.2024, she has been enlarged on anticipatory bail by Additional Chief Judicial Magistrate-II, Gautam Budh Nagar.

7. It is further submitted that it is undisputed that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 10.12.2024 by the Investigating Officer and upon which, the court concerned has taken cognizance. It is further submitted that in the charge-sheet, there are only police witnesses and no public witness in the instant case. It is further submitted that since investigation has been completed, alleged recovery shown by the police is vehemently disputed as no prescribed procedure has been followed by the police and charge sheet has been filed. Applicant is languishing in jail since 16.10.2024 i.e. for last about seven months.

8. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide with all terms and conditions as imposed by this Court.

9. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that applicant has committed very serious offence as from his car, huge quantity of incriminating articles i.e. Debit/Credit Cards of different Banks, Passbooks, Cheque Books, Aadhar, PAN, etc. were recovered by the police and during the arguments, he has referred para 7 and 8 of the counter affidavit. For ready reference same have been quoted below:- "7. That the contents of paragraph no.9 of the affidavit are false hence denied. In reply thereto, it is submitted that on the basis of recovery of huge incriminating articles i.e. 206 Debit and Credit Cards of different Banks, 58 Passbooks, 40 Aadhar Cards, 40 PAN Cards, 70 Cheque Books, 35 Plastic Folder Kit, 6 Paytm Swipe Machines, 30 Android Mobiles, 2 small Keypad Mobiles and 1 TATA Harrier Car (HR87-N-2497) from conscious possession of accused-applicant and co-accused Govind Singh, the FIR in the present case was lodged by the first informant and after lodging the FIR, the investigation commenced and on the basis of cogent materials collected during investigation, the Investigating Officer has filed charge-sheet in accordance with law.

8. That the contents of paragraph nos.10, 11 and 12 of the affidavit are false hence denied. In reply thereto, it is submitted that earlier an FIR was registered at Police Station Dadri, Police Commissionerate Gautam Budh Nagar regarding murder of one Amit Kumar which was registered as Case Crime No.457 of 2024, under Sections 103(1), 238 and 61(2) of B.N.S. During investigation of aforesaid murder case, as the accused applicant was found to be friend of deceased Amit Kumar, therefore, he was brought to the concerned police station Dadri for interrogation/inquiry. After interrogation, he was sent back alongwith his wife. This fact found place in G.D. Entry No.63 dated 15.10.2024 at 17:16 hrs. It has been clearly mentioned in the aforesaid G.D. Entry that after inquiry the custody of present accused- applicant was handed over to his wife Neha Kumari. For kind perusal of this Hon'ble Court, photocopy of G.D. Entry No.63 dated 15.10.2024 is being filed herewith and marked as Annexure CA-1 to this counter affidavit. It is further submitted that accused-applicant was not illegally detained in Police Station custody at any point of time. The accused-applicant was arrested on 16.10.2024 at 00:40 hrs. alongwith co-accused Govind Singh near Badalpur bypass as mentioned in FIR in the present case."

10. Learned AGA appearing on behalf of the State submitted that there is great apprehension that if applicant would be enlarged on bail then he will influence the trial, as he is influencing person, or the witnesses.

11. Learned A.G.A. further submitted that in view of the aforesaid recovery and huge financial repercussion involved in the instant case, applicant is not entitled for any leniency by this Court.

12. Learned counsel for the applicant has replied the averments of para 7 and 8 of the counter affidavit of the State in para 9 and 10 of the rejoinder affidavit filed in support of the instant bail application and he has relied the reply as mentioned in the rejoinder arguments.

13. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application, counter affidavit, rejoinder affidavit and material available on record.

14. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that applicant is the man of clean antecedents and he has no previous criminal history and he is also permanent resident of K-2, 1606, Ecovillage, P.S. Birakh, District Gautam Budh Nagar and he is languishing in jail since

16.10.2024 i.e. for last about seven months and his wife is Bank Manager in H.D.F.C. Bank, Greater Kailash-II, M-Block, South Delhi; after completion of investigation, charge sheet has been filed on 10.12.2024 by the Investigating Officer and the court concerned has taken cognizance and in the charge-sheet, there are only police witnesses and no public witness in the instant case, therefore, I do not find force in the argument advanced by learned A.G.A. at this stage that if applicant would be enlarged on bail then he will influence the trial or the witnesses; undertaking given by learned counsel for applicant that applicant shall abide with all terms and conditions as imposed by this Court and there is no possibility of completion of trial in near future.

15. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

16. Let the applicant - Vishal Chand Suman, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (iii) (1) If applicant is having any pass-port then same shall be submitted before the court concerned; (2) without prior permission of the court concerned, he cannot travel abroad and (3) his mobile phone will be open/active for 24 hours.

17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 Zafar (Chandra Dhari Singh,J.) MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

further submitted that on the basis of alleged recovery, instant FIR of the present case was lodged on 16.10.2024 against applicant and six others, under Sections 318(4), 338, 336(3), 340(2), 61(2) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and same was registered as Case Crime No.0479 of 2024.

5. It is further submitted that co-accused Neha Kumari, who is wife of the applicant, is Bank Manager in H.D.F.C. Bank, Greater Kailash-II, M-Block, South Delhi. He further submitted that statements of applicant, co-accused Govind Singh and confessional statement of Neha Kumari, wife of the applicant have also been recorded. It is further submitted that there are very serious allegations regarding the forgery being committed against Bank but interestingly, neither any complaint nor any FIR was lodged by any Bank or any individual in respect of the allegations made in the FIR. It is further submitted that the allegations, which have been made in the FIR, not only of fabricating the documents in as much as of the aforesaid recovery from the car of the applicant but there is no allegation with regard to misuse the same. It is further submitted that in view of the facts and circumstances of the case, entire recovery is nothing but false and fabricated to falsely implicate the applicant in the present case.

6. It is further submitted that however, wife of the applicant i.e. co- accused Neha Kumari has been taken under remand but thereafter on 17.10.2024, she has been enlarged on anticipatory bail by Additional Chief Judicial Magistrate-II, Gautam Budh Nagar.

7. It is further submitted that it is undisputed that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 10.12.2024 by the Investigating Officer and upon which, the court concerned has taken cognizance. It is further submitted that in the charge-sheet, there are only police witnesses and no public witness in the instant case. It is further submitted that since investigation has been completed, alleged recovery shown by the police is vehemently disputed as no prescribed procedure has been followed by the police and charge sheet has been filed. Applicant is languishing in jail since 16.10.2024 i.e. for last about seven months.

8. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide with all terms and conditions as imposed by this Court.

9. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that applicant has committed very serious offence as from his car, huge quantity of incriminating articles i.e. Debit/Credit Cards of different Banks, Passbooks, Cheque Books, Aadhar, PAN, etc. were recovered by the police and during the arguments, he has referred para 7 and 8 of the counter affidavit. For ready reference same have been quoted below:- "7. That the contents of paragraph no.9 of the affidavit are false hence denied. In reply thereto, it is submitted that on the basis of recovery of huge incriminating articles i.e. 206 Debit and Credit Cards of different Banks, 58 Passbooks, 40 Aadhar Cards, 40 PAN Cards, 70 Cheque Books, 35 Plastic Folder Kit, 6 Paytm Swipe Machines, 30 Android Mobiles, 2 small Keypad Mobiles and 1 TATA Harrier Car (HR87-N-2497) from conscious possession of accused-applicant and co-accused Govind Singh, the FIR in the present case was lodged by the first informant and after lodging the FIR, the investigation commenced and on the basis of cogent materials collected during investigation, the Investigating Officer has filed charge-sheet in accordance with law.

8. That the contents of paragraph nos.10, 11 and 12 of the affidavit are false hence denied. In reply thereto, it is submitted that earlier an FIR was registered at Police Station Dadri, Police Commissionerate Gautam Budh Nagar regarding murder of one Amit Kumar which was registered as Case Crime No.457 of 2024, under Sections 103(1), 238 and 61(2) of B.N.S. During investigation of aforesaid murder case, as the accused applicant was found to be friend of deceased Amit Kumar, therefore, he was brought to the concerned police station Dadri for interrogation/inquiry. After interrogation, he was sent back alongwith his wife. This fact found place in G.D. Entry No.63 dated 15.10.2024 at 17:16 hrs. It has been clearly mentioned in the aforesaid G.D. Entry that after inquiry the custody of present accused- applicant was handed over to his wife Neha Kumari. For kind perusal of this Hon'ble Court, photocopy of G.D. Entry No.63 dated 15.10.2024 is being filed herewith and marked as Annexure CA-1 to this counter affidavit. It is further submitted that accused-applicant was not illegally detained in Police Station custody at any point of time. The accused-applicant was arrested on 16.10.2024 at 00:40 hrs. alongwith co-accused Govind Singh near Badalpur bypass as mentioned in FIR in the present case."

10. Learned AGA appearing on behalf of the State submitted that there is great apprehension that if applicant would be enlarged on bail then he will influence the trial, as he is influencing person, or the witnesses.

11. Learned A.G.A. further submitted that in view of the aforesaid recovery and huge financial repercussion involved in the instant case, applicant is not entitled for any leniency by this Court.

12. Learned counsel for the applicant has replied the averments of para 7 and 8 of the counter affidavit of the State in para 9 and 10 of the rejoinder affidavit filed in support of the instant bail application and he has relied the reply as mentioned in the rejoinder arguments.

13. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application, counter affidavit, rejoinder affidavit and material available on record.

14. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that applicant is the man of clean antecedents and he has no previous criminal history and he is also permanent resident of K-2, 1606, Ecovillage, P.S. Birakh, District Gautam Budh Nagar and he is languishing in jail since

16.10.2024 i.e. for last about seven months and his wife is Bank Manager in H.D.F.C. Bank, Greater Kailash-II, M-Block, South Delhi; after completion of investigation, charge sheet has been filed on 10.12.2024 by the Investigating Officer and the court concerned has taken cognizance and in the charge-sheet, there are only police witnesses and no public witness in the instant case, therefore, I do not find force in the argument advanced by learned A.G.A. at this stage that if applicant would be enlarged on bail then he will influence the trial or the witnesses; undertaking given by learned counsel for applicant that applicant shall abide with all terms and conditions as imposed by this Court and there is no possibility of completion of trial in near future.

15. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

16. Let the applicant - Vishal Chand Suman, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (iii) (1) If applicant is having any pass-port then same shall be submitted before the court concerned; (2) without prior permission of the court concerned, he cannot travel abroad and (3) his mobile phone will be open/active for 24 hours.

17. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 Zafar (Chandra Dhari Singh,J.) MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad