Amit Kumar v. State

ANIL KUMAR, J. *

This is a petition under Section 438 of Criminal Procedure Code for grant of anticipatory bail to the petitioner. The petitioner contends that he had applied for the post of constable in Delhi Police in the year 2006 and the application of the petitioner has been rejected by the police department on the ground that the petitioner/applicant had allegedly submitted a false certificate. Consequent to the alleged false certificate produced by the petitioner an FIR No.168/2007 has been registered against the petitioner under Section 420/468/471 of IPC. According to the petitioner the certificate has been got verified from an inappropriate authority.

The learned counsel for the petitioner has contended that a number of other candidates had submitted the certificates which have been rejected and FIRs have been registered against them and in some of the cases the anticipatory bails have been granted. The learned Additional Public Prosecutor for the State, Mr.Sharma on instructions contends that some of the candidates similarly situated have been granted anticipatory bail. The petitioner contends that he is not involved in any other criminal case previously and he belongs to a good family and has roots in the society and there is no possibility of petitioner's absconding. It is further asserted that no recovery is to be made from the petitioner in respect of the alleged certificate on the basis of which an FIR has already been registered against him.

In the circumstances, the petition is to be allowed and the petitioner is entitled for anticipatory bail. Consequently, in the event of his arrest the petitioner be released on furnishing a personal bond in the sum of Rs.20,000/- with one surety of like amount to the satisfaction of the Arresting Officer/Investigating Officer. The petitioner shall appear before the Investigating Officer as and when directed by him and shall not influence any of the witnesses.

Petition is disposed of. Dasti.

September 05, 2008

ANIL KUMAR, J. 'K'

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Bail Appl. No.1817/2008 % Date of Decision: 05.09.2008 Amit Kumar …. Petitioner Through Mr.Ajay Paul, Advocate Versus State …. Respondent Through Mr.Amit Sharma, APP for the State. SI Ranbir Singh, P.S.Mukherjee Nagar. CORAM: HON'BLE MR. JUSTICE ANIL KUMAR 1. Whether reporters of Local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the Digest?