BAIL APPLN./4453/2024 of MEHAR BATRA Vs THE STATE GOVT OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+BAIL APPLN. 4453/2024

MEHAR BATRA

.....Petitioner

Through:Mr. Neeraj Kumar Saha and Mr.Simran Deep Singh, Advs.

versus

THE STATE GOVT OF NCT OF DELHI

.....Respondent

Through:Ms. Priyanka Dalal, APP for State.

SI Vandana, DIU, West Distt./PSPunjabi Bagh.

Mr. Amrendra Nath Shukla, Adv. forcomplainant with complainant.

Mr. Manish Yadav, Senior Asstt.fromSub-Registrar-IIA,PunjabiBagh, Nangloi.

CORAM:HON'BLE MR. JUSTICE JASMEET SINGH

O R R%11.12.2024

1.This is petition filed under section 482 of BNSS seeking grant ofanticipatory bail to the petitioner in the event of arrest in FIR No. 453/2024,dated05.09.2024registeredatP.S.PunjabiBaghunderSections419/420/467 IPC, 1860.

2.A detailed order has been passed on 25.11.2024 in Bail ApplicationNo. 4284/2024, whereby the father of the petitioner, namely, Mr. KamalBatra has been granted anticipatory bail.

3.As per the FIR, the allegations are that the petitioner along with hisfather i.e. Mr. Kamal Batra, had forged sale deed with respect to flat No.

127, (MIG), Second Floor, Madipur, Delhi-110063 i.e. the complainant’sproperty. It is stated that the petitioner along with his father had dealt withthe said property of the complainant based on the forged sale deed.

4.Thereafter, the parties were referred to mediation to Mr. Anil KumarVerma, Adv on account of disputes subsisting between them and the partieshave arrived at settlement whereby, the father of the petitioner i.e. Mr.Kamal Batra on behalf of himself and the petitioner had undertaken to payan amount of Rs. 5.8 lakhs to the complainant/Ms Rajni Jain towards fulland final settlement of all the claims of the complainant.

5.A Demand Draft bearing No. 865941, dated 11.12.2024, drawn onState Bank of India for sum of Rs 2,00,000/- and cheque bearing no.353516, dated 10.01.2025 for sum of Rs 3,80,000/- has been handed overin court today.

6.The petitioner assures that the cheque on presentation shall behonoured.

7.In addition, the petitioner undertakes to join the investigation andcooperate with the Investigating Officer SI Vandana, P.S. Punjabi Bagh.

8.The petitioner is also directed to comply with all the terms andconditions of the order dated 25.11.2024 passed in Bail Application No.4284/2024. The observation in the said order shall also be read as part of thisorder.

9.In view of the aforesaid facts and circumstances of the present case,the present petition is allowed.

10.It is directed that in the event of arrest of the petitioner in FIR No.453/2024, dated 05.09.2024 registered at P.S. Punjabi Bagh under Sections419/420/467 IPC, 1860, the petitioner be released on bail subject to the

petitioner furnishing personal bond in the sum of Rs. 10,000/- with onesurety of like amount to the satisfaction of the concerned InvestigatingOfficer and also subject to the following further conditions:-

(i)The petitioner shall join investigation as and when called bythe concerned IO;the concerned IO;

(ii) At the time of furnishing the bail bond, the petitioner shallprovide his mobile number, which the petitioner undertakesto keep operational at all times during the pendency of thetrial.provide his mobile number, which the petitioner undertakesto keep operational at all times during the pendency of thetrial.

(iii) The petitioner shall also furnish his permanent residentialaddress to the concerned Investigating Officer and in case ofchange of the residential address, the petitioner shall dulyinform the Investigating officer.address to the concerned Investigating Officer and in case ofchange of the residential address, the petitioner shall dulyinform the Investigating officer.

(iv) The petitioner shall not leave the country without thepermission of the competent court and if the petitioner has apassport, he shall surrender the same to the InvestigatingOfficer;permission of the competent court and if the petitioner has apassport, he shall surrender the same to the InvestigatingOfficer;

(v) The petitioner shall not directly or indirectly try to get intouch with the complainant or any other prosecutionwitnesses or tamper with the evidence.touch with the complainant or any other prosecutionwitnesses or tamper with the evidence.

(vi) The petitioner shall not indulge in any act or omission thatis unlawful, illegal or that would prejudice the proceedingsin pending cases, if anyis unlawful, illegal or that would prejudice the proceedingsin pending cases, if any

(vii)The petitioner shall regularly appear before the trial Court.

11.Needless to state that nothing observed hereinabove shall amount toan expression on the merits of the case and shall not have bearing on thetrial of the case as the same has been expressed only for the purpose of thedisposal of the present petition.

12.In case the cheque bearing no. 353516 is dishonoured when presented,the complainant/Ms. Rajni Jain will be at liberty to file an appropriateapplication.

13.With these directions, the petition is disposed of.

DECEMBER 11, 2024/akc

JASMEET SINGH, J

Click here to check corrigendum, if any