Ravindra Maithani, J
1. Applicant seeks anticipatory bail in Case Crime No.265 of 2023, under Sections 420 and 120-B IPC, Police Station Bhagwanpur, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the husband of the informant was unwell. He had certain properties recorded in his name. In the early of May, 2023, the informant came to know that their properties had already been sold and mutation proceedings are underway. When she checked, it was revealed that their properties had already been sold on 07.02.2023 to one Chaman Lal. In the sale deed, co-accused Vinod Kumar and Pappu are witnesses. The FIR records that the husband of the informant has been impersonated by forging documents.
4. Learned counsel for the applicant would submit that the applicant is neither buyer not attesting witness of the sale deed; the applicant did not receive any amount as well; the applicant has nothing to do with the sale transaction.
5. Learned counsel for the informant would submit that, in fact, the applicant wanted to purchase property from the husband of the informant, for which the husband of the informant was not agreeable. It is argued that the applicant is the mastermind.
6. Learned State Counsel admits that the applicant was neither witness nor buyer of the property, but he would submit that as per the oral statements, it is the applicant, who had brought the impersonated person, and he was present at the time of execution of the sale deed.
7. At this stage, it has not been shown that any money was deposited in the account of the applicant. Admittedly, the applicant is neither buyer not witness in the sale deed. At this stage, it is also not the case of the prosecution that it is the applicant, who impersonated Deepak Kumar.
8. Having considered this and all attending factors, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.
9. The anticipatory bail application is allowed.
10. In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-
(i) The applicant shall co-operate with the investigation.
(ii) The applicant shall not approach any witness in any manner, whatsoever.
(iii) The applicant shall not leave the country without prior permission of the court concerned.
(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.
(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.
