Dismissed

Govind Singh Yadav v. State NCT of Delhi

Delhi HC14 Aug 2024BAIL APPLN./2587/2024

Case brief

AI extract

What is this about?

The Delhi HC dismissed an anticipatory bail petition filed under Section 482 BNSS. The court refused relief citing the petitioner's failure to produce original documents despite commitments and found no basis for parity with a co-accused.

What did the court decide?

Application for anticipatory bail dismissed in limine.

What the court decided

Govind Singh Yadav Vs State NCT of Delhi — Cheating and Forgery | Delhi HC (2024)

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$~59

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 2587/2024 GOVIND SINGH YADAV .....Petitioner

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Through: Mr. Himanshu Upadhyaya and Ms. Ruby Sharma, Advocates. versus

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STATE NCT OF DELHI .....Respondent

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Through: Ms. Shubhi Gupta, APP for the State with SI B. K. Bharti, P.S.: Najafgarh. Mr. R. K. Sharma with Mr. Abhishek Sharma and Ms. Divya Sharma, Advocates for the complainant.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 14.08.2024

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CRL.M.A. 21498/2024

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Exemption allowed, subject to just exceptions.

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The application stands disposed-of.

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BAIL APPLN. 2587/2024

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By way of the present petition filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks anticipatory bail in case FIR No.173/2022 dated 21.03.2022 registered under sections 420/467/468/471/448/34 of the Indian Penal Code, 1860 at P.S.: Najafgarh, Delhi.

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Vide order dated 24.07.2024, this court had directed the petitioner to place on record the orders passed by the learned Sessions Court

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This is a digitally signed order. BAIL APPLN. 2587/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:13:47

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Page 1 of 4

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dismissing 03 earlier anticipatory bail petitions. Those orders have now been placed on record.

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The court has heard Mr. Himanshu Upadhyaya, learned counsel for the petitioner; Ms. Shubhi Gupta, learned APP for the State; and Mr. R.K. Sharma, learned counsel appearing on behalf of the complainant.

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While Mr. Upadhyaya submits, that the petitioner is ready and willing to co-operate with the Investigating Officer; and that there was no basis for the learned Sessions Court to have dismissed his anticipatory bail petitions, Ms. Gupta has drawn attention to the various orders made by the learned Sessions Court which record the evasive manner in which the petitioner has approached the issue of producing certain documents that were required for purposes of the investigation.

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A perusal of the above-said orders shows, that despite having committed both to the court and to the Investigating Officer that the petitioner would produce the original documents (except one Will dated 14.02.1995), the petitioner has evaded producing any of the documents not just before the Investigating Officer but also before the Sessions Court. This is evident inter-alia from order dated 28.05.2024 recorded by the learned Sessions Court in BM No.937/2024 and 938/2024.

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Ms. Gupta submits, that in fact the FIR was registered in the case in compliance of order dated 14.03.2022 made on an application under section 156(3) of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), which records that the petitioner had impersonated a Government Official and had visited the house of the complainant, accompanied by a police constable, and had taken photographs of certain original

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BAIL APPLN. 2587/2024

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Page 2 of 4

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This is a digitally signed order. BAIL APPLN. 2587/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:13:47

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documents falsely purporting to act as a governmental official, and it is alleged that pursuant to that the petitioner forged title documents in relation to the property that is subject matter of the proceedings.

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Mr. Gupta points-out, that initially the petitioner had avoided filing the orders of the learned Sessions Court in the present case, so that this court would not get to see how the learned Sessions Court had appreciated the position vis-a-vis the petitioner in those orders.

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Mr. Sharma, learned counsel appearing for the complainant submits, that the complainant had first filed a suit bearing CS(OS) No.967/2020 seeking permanent and mandatory injunction against the petitioner (defendant in the suit) and thereafter was compelled to file an application under section 156(3) Cr.P.C. seeking registration of an FIR since the matter involved criminality.

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On the other hand however, Mr. Upadhyaya has placed reliance on order dated 29.07.2024 made by this court in BAIL APPLN. No.2635/2024, whereby the petitioner’s wife, who is also a co-accused in the matter, was granted interim protection in the case. Counsel seeks grant of similar relief to the petitioner on ground of parity.

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Be that as it may, after carefully considering the role attributed to the petitioner as distinct from the role attributed to his wife, this court is of the view that the petitioner cannot claim parity with his wife; and cannot therefore seek any benefit based on the aforesaid order dated 29.07.2024.

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In the circumstances, this court is not inclined to entertain the present petition seeking anticipatory bail, which is accordingly dismissed inlimine.

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BAIL APPLN. 2587/2024

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Page 3 of 4

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This is a digitally signed order. BAIL APPLN. 2587/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:13:47

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Pending applications, if any, stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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AUGUST 14, 2024 ds

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BAIL APPLN. 2587/2024

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Page 4 of 4

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This is a digitally signed order. BAIL APPLN. 2587/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:13:47

Govind Singh Yadav v. State NCT of Delhi

Case brief

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Govind Singh Yadav v. State NCT of Delhi

Case brief

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