Mandeer Singh vs Union Territory Of J&K

Moksha Khajuria Kazmi, J

Apprehending the arrest allegedly in a false and frivolous case, petitioner has preferred the instant bail application for grant of bail in FIR No. 06/2023 under Sections 420, 467, 468 and 471 IPC.

It is stated that the petitioner is a government servant and working as Class-lV employee (Maali) in the Agriculture Department. The petitioner was appointed on compassionate grounds after the death of his brother in the department of Agriculture in the month of June 2008. The petitioner was appointed alter due verification of scrutinizing of documents. The applicant joined in the month of August 2008.

It is stated that the petitioner is a heart patient and suffering from life consuming disease. The life consuming disease certificate was also issued by Principal Government Medical College, Jammu vide No. GMC/Es-4/LCDC/2017/1676 dated 27.06.2017, where it is specifically mentioned that as reported by the Head of Department of Cardiology, Super Specialty Hospital, Government Medical College, Jammu vide office endorsement No. Card/SSB/2017/1102 dated 20.06.2017, S. Mandeer Singh (petitioner) was suffering from HTN/CAG-SVD involving LCX, which is a life consuming decease. The petitioner underwent PPI (DDDR-MRI) on 31.05.2017.

It is stated that the Crime Branch has registered false and frivolous case against the petitioner and FIR No. 06/2023 under Sections 420/467/468 and 471 IPC was registered against the petitioner and the said FIR has not forwarded to the Magistrate till date.

Heard considered.

Learned counsel for the petitioner states that the petitioner has been falsely implicated in the case but he is ready to join the investigation in the present case and undertakes to extend full cooperation to the Investigating Agency and shall also appear before this Court as well as before the Investigating Officer as and when required.

Issue notice to the respondent.

Ms. Aparna Gupta, Advocate vice Mrs. Monika Kohli, learned Sr. AAG waives notice on behalf of the respondent.

List on 22.09.2023.

Having regard to the contents of the bail application, coupled with the submissions made by learned counsel for the petitioner, a ground for grant of interim relief in the application of anticipatory bail in favour of the petitioner is made out at this stage, therefore, subject to objections and till next date of hearing, it is ordered that, in the event of arrest of the petitioner, he shall be released on bail, in case, he furnish personal bonds to the tune of Rs. 50,000/- as well as surety of the similar amount to the satisfaction of the investigating Officer on following terms and conditions he shall:-

(i) Appear before the Investigating Officer as and when required.

(ii) Not tamper with prosecution evidence directly or indirectly.

(iii) Not leave the territorial Jurisdiction of District Udhampur, without seeking prior permission of Investigating Officer.

In the event of violation of any of the conditions mentioned above, the respondent can lay a motion before this Court for cancellation of bail of the petitioner.