MUKESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is bail application on behalf of accused-petitioner Mukesh Kumar under Sec. 439 IPC, who is accused for offence u/Ss.420, 406, 467, 468 and 471 Penal Code in FIR No.282/2011 registered at Police Station Bandikui, Dausa.

(2.) Shri Deepak Kumar, brother of accused-petitioner has argued that allegation of forgery against petitioner is totally false. In fact, the executive officer in his letter dated 20/9/2007 himself has proposed on the basis of the various measurements of the land that was used for expansion of the road out of the plot of the petitioner concluded that measurement of such land was 25x47 square feet and on that basis, the note sheet dated 11/9/2008 was not forged one because measurement of that land of 25x47 square feet indicated therein at two places does not indicate interpolation or overwriting. Police is wrongly asserting that all the proceedings beyond 2/9/2008 are forged. If that was so, why petitioner did not take any action against any other members of the staff. At one stage, SHO PS Bandikui sought to file the final report in the matter copy whereof is on record as Annexure-13. This court in writ petition filed by the brother of the petitioner being SBCWP No.15098/2010 vide order dated 19/1/2011 has passed an order restraining the municipal authority from cancelling the order dated 30/4/2009. Petitioner is ready to cooperate with the investigating agency. He is in jail for last more than 1-1/2 months. There is no chance of his fleeing from justice. There is no other criminal case registered against the petitioner.

(3.) Shri Rajkumar, SI PS Bandikui, Dausa has opposed the bail application and submits that all the proceedings beyond 2/9/2008 are forged and that documents have been sent for chemical examination to the forensic science laboratory.