KULDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.771 of 2021, registered at police station Bhagwanpur, District Haridwar. Applicant is in judicial custody under Ss. 420, 465, 467, 468 and Sec. 471 of the Indian Penal Code, 1860.

(2.) As per FIR dtd. 13/11/2021, a Civil Case is pending between the present applicant and one Neelam in relation to Chak No.332. Informant is a Revenue Sub-Inspector. Applicant had filed an application to enquire about the said Chak No.332. Applicant prepared a forged report in his favour showing that the said report was prepared by the informant. Applicant filed the said forged report before the Sub-Divisional Magistrate, Bhagwanpur on 30/10/2021. The said report has neither the signature of the informant nor his stamp on it. During the investigation, the Investigating Officer obtained the document for examination of the handwriting of the applicant and sent it to the Forensic Science Laboratory along with the document in question. After completion of the investigation, charge-sheet has been filed.

(3.) Mr. Rajendra Singh Azad, Advocate, contended that all the allegations regarding the forged document are false. The report of handwriting expert is not conclusive at this stage, it is only opinion. The alleged forged report was not prepared by the applicant. Applicant is in judicial custody since 24/5/2022. Charge-sheet was filed on 18/8/2022. However, charge has not been framed yet. Applicant has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.