9911796707
TMI Blog2023 (1) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... not cooperated at all in the investigation, which led to the issuance of non-bailable warrants by the concerned Trial Court. The proceedings under Section 82 of CrPC have already been initiated. Pre-arrest bail is to be granted only when the court is convinced that circumstances exist to resort to that extraordinary remedy and cannot be a matter of routine. Custodial interrogation is a recognized mode of investigation which is not only permitted but is held to be more effective - Even though the accused Bhuvan Chand is in custody, the forged documents as well as the cheated amount is yet to be recovered. The offence cannot be held to be of minor nature. The applicant has been named by not only the complainant but also other public witne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant and other co-accused persons. One Bhuvan / Bhuwan Chand entered into an agreement with the complainant to sell the property bearing House No. C-10/442, Gali no. 10, Brijpuri, New Delhi for a sum of ₹95 lakhs. 3. It is alleged that the said Bhuvan Chand and his associates including the applicant showed him the original documents of the said property and stated that Bhuvan Chand is the owner of the same. The complainant, on being induced by the accused persons, executed a Bayana agreement dated 08.11.2021 and paid a sum of ₹40 lakhs as advance. He agreed to pay the balance sum of ₹55 lakhs on 08.12.2021 at the time of execution of the documents of the property. 4. It is further alleged that thereafter on 15.11.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Additional Sessions Judge by order dated 08.09.2022. 10. Learned counsel for the applicant submits that as per the allegation, his role is only that he was present at the time when the complainant allegedly handed over money to the main accused, namely, Bhuwan Chand and that the applicant has signed the alleged Bayana Agreement as witness. Further, it is also alleged that the applicant has retained a sum of Rs. 19 lakhs out of Rs 40 lakhs. 11. He further submits that all the allegations levelled against the applicant are subsequent to the disclosure statement made by accused Bhuwan Chand and there is no material against the applicant for being charged with the offences mentioned in the FIR. 12. Learned APP for the State oppos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prima facie, it appears that the forged documents were in fact prepared. The property, which is found to be belonging to the mother of Bhuvan Chand , was sought to be sold as if belonging to the accused Bhuvan Chand . The applicant has not denied that he stood as a witness in the alleged agreement to sell by way of which the property was sought to be sold to the complainant. The screenshot of the video footage clearly shows the applicant counting the money being given by the complainant. 17. Arrest is a part of procedure of the investigation to secure not only the presence of the accused but also to complete investigation. The grant of pre-arrest bail to some extent interferes in the sphere of investigation of an offence and hence, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused Bhuvan Chand . It cannot be said that the custodial interrogation of the Applicant is not required at this stage. 21. The order of bail in anticipation of arrest cannot be granted for it to be used as a shield. In the facts of the present case, it cannot be said, at this stage, that the allegations made against the applicant are frivolous or have been made to falsely implicate the applicant. 22. Keeping in mind the nature of allegations, and the fact that the applicant has not joined and cooperated in investigation which has also led to initiation of proceedings under Section 82 of CrPC, this Court feels that it is not a fit case for exercise of discretion under Section 438 of CrPC. 23. The application is, therefore, dism ..... X X X X Extracts X X X X X X X X Extracts X X X X
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