Alok Kumar Verma, J
1. The present Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for regular bail in connection with the
First Information Report No. 281 of 2023, registered at police station Kotwali, District Dehradun.
2. The applicant-Santosh Agarwal is in judicial custody for the offence under Sections 420, 467, 468, 471 and Section 120B of the India Penal Code,
1860.
3. As per the First Information Report, the original documents of several sale deeds and gift deeds kept in the office of Sub-Registrar, Dehradun from
the year 1978 to the year 1990 have been replaced with fake documents. The FIR was registered against unknown person.
4. Heard Mr. Aditya Singh, learned counsel for the applicant and Mr. V.K. Jemini, learned Deputy Advocate General for the State.
5. Mr. Aditya Singh, Advocate has contended that the applicant has been falsely implicated in the present matter. As per the prosecution, during the
course of investigation, a CPU was recovered from co-accused Kamal Virmani, which when opened on the monitor, was found to be a contract of
sale executed between the present applicant and one Gopal Rawat and Sanjay Guleria. A gift deed, executed in favour of the present applicant, has
also been shown as a forged document. The said documents were sent to the Forensic Science Laboratory for examination. The report of the
Forensic Science Laboratory dated 08.08.2023 does not support the prosecution case. Applicant has no criminal antecedents. Co-accused Imran
Ahmad, Dal Chand Singh, Kamal Virmani, Vishal Kumar, Rohtash, Ajay Mohan Paliwal, Ajay Chettri, Vikas Pandey, Makhan Singh, Mahesh
Chandra alias Chota and Deep Chandra Aggrawal have already been granted bail by this Court. Applicant has been in judicial custody for more than a
year. The present case rests on the documentary evidence and the relevant documents have already been filed by the Investigating Officer along with
the charge-sheet, therefore, there is no chance of tampering with the evidence.
6. Objection to the Bail Application has not been filed. Mr. V.K. Jemini, learned Deputy Advocate General, has opposed the Bail Application orally.
7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to
keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the
view that the applicant deserves bail at this stage.
8. The Bail Application is allowed.
9. Let the applicant â€" Santosh Agarwal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like
amount, to the satisfaction of the court concerned on the following conditions:-
i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.
10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the
court for cancellation of bail.
