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Delhi High Court - Orders

Sunil Kumar Agarwal vs State on 5 January, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    BAIL APPLN. 30/2023
                               SUNIL KUMAR AGARWAL                         ..... Petitioner
                                              Through: Mr. V.P. Singh with Mr. Bhanu
                                                         Gupta and Mr. Uttkarsh Kandpal,
                                                         Advocates.
                                              versus
                               STATE                                       ..... Respondent
                                              Through: Mr. Tarang Srivastava, APP for the
                                                         State with SI Ankur Kumar, PS Amar
                                                         Colony.
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 05.01.2023 CRL.M.A. 188/2023 & CRL.M.A. 187/2023 Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed of.

By way of the present petition under section 438 of the Code of Criminal Procedure 1973 ('Cr.P.C') the petitioner, who is a director in M/s Rancy Construction Pvt. Ltd. ('company'), seeks anticipatory bail in relation to FIR No. 485/2022 dated 19.08.2022 registered under sections 420/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Amar Colony.

2. Learned counsel appearing on behalf of the petitioner submits, that in essence the allegation in the FIR is that the petitioner and his co- accused, Mr. Ajay Kumar Agarwal, who are two of four directors of the company, have forged the signatures of Mr. Santosh Kumar Garg, Signature Not Verified Digitally Signed BAIL APPLN. 30/2023 Page 1 of 3 By:DIVYA SHARMA Signing Date:07.01.2023 16:28:51 who (latter) is the Chairman of the company, to create a lease of a property owned by the company in favour of an entity owned by Mr.Ajay Kumar Agarwal's son.

3. Counsel further submits that the person whose signatures are alleged to have been forged has never refuted his signatures; and, the FIR has been registered only under sections 420 and 34 IPC but not under any of the provisions relating to forgery or fabrication of documents.

4. Issue notice.

5. Mr. Tarang Srivastava, learned APP appears for the State on advance copy; accepts notice; and seeks time to file status report.

6. Upon being queried Mr. Srivastava submits, on instructions of the investigating officer, that the statement of the Chairman whose signatures are alleged to have been forged has not yet been recorded and the investigation is still at its initial stages. He submits that as of now, the petitioner has not joined investigation.

7. Let status report be filed within 06 weeks; with advance copy to the opposing counsel.

8. In the meantime, considering the nature of the allegations made and the fact that the statement of Mr. Santosh Kumar Garg, whose signatures are alleged to have been forged, is yet to be recorded, subject to the petitioner sincerely co-operating in the investigation as and when called by the Investigating Officer by notice under section 41-A Cr.P.C. the petitioner shall not be arrested, till the next date of hearing.

9. As requested by the investigating officer, the petitioner is directed to join investigation on 07.01.2023 at 04:00 p.m.

10. Re-notify on 28th February 2023.

ANUP JAIRAM BHAMBHANI, J JANUARY 5, 2023 ds Signature Not Verified Digitally Signed BAIL APPLN. 30/2023 Page 3 of 3 By:DIVYA SHARMA Signing Date:07.01.2023 16:28:51