IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-3719 of 2010(O&M) Date of Decision: 03.03.2010. Ajeet Singh Shahi. ...... PETITIONER Versus State of Punjab. ...... RESPONDENT CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Y.P.Singh, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. *** RAM CHAND GUPTA, J.(Oral) The present petition has been filed by Ajeet Singh Shahi for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.536 dated 10.09.2008 under Sections 420/467/468/471 IPC registered at P.S. Faridabad Central, Tehsil and District Faridabad. I have heard learned counsel for the parties and have gone through the whole record. Briefly stated, the present FIR has been lodged by Estate Officer, HUDA, Faridabad on the plea that an application for allotment of a plot under reserved category of Paramilitary Forces was made in the name of applicant, Sandeep Singh Ranga, who was successful allottee in the draw of lots. It is averred that alongwith the application identity card was submitted, which was got verified from the Director General, Border Security Force, Crl.Misc.No.M-3719 of 2010 New Delhi who informed the Estate Officer, HUDA that no such officer, namely, Sandeep Singh Ranga, Asstt. Commandant was serving in Border Security Force. It is also averred that as Sandeep Singh Ranga, the alleged applicant, was the successful allottee, some documents were also submitted in his name in the office of Estate Officer, HUDA for allotment of reserved category plot of Paramilitary Forces i.e. an affidavit duly attested by notary public at Faridabad dated 30.07.2007 intimating his residential address as #89, Jain Nagar, Ambala City, affixing his duly attested photograph, accepting the allotment of plot and sending his specimen signatures and a letter from the Mayapuri Branch of Punjab and Sindh Bank dated 29.05.2007 regarding full and final payment of their account. It is further averred that allotment letter dated 09.08.2007 was also sent to the applicant at his address, however, the same was returned and delivered by hand to his authorized person Anil Kumar. It is further averred that allottee of the said plot has applied for transfer of plot in the name of Aman Dua, R/o H.No.770, Sector 1, Rohtak and permission was also obtained by him. It has been argued by ld. counsel for the petitioner that petitioner at the asking of Dewan Chand, Property Dealer, entered into a bonafide transaction of purchase of the said plot vide agreement to sell, Annexure P3 and that part payment was also made by him to said Dewan Chand vide receipt, Annexure P2. Bail application of the petitioner has been vehemently opposed by ld. counsel for the State on the plea that a racket is going on for applying for allotment of reserved category plots in fictitious names. It is further contended that during investigation, it was revealed that the present petitioner was also involved in preparation of fake certificates and fake documents and using the same and that documents were prepared even before allotment of 2 Crl.Misc.No.M-3719 of 2010 plot to alleged Sandeep Singh Ranga, who is non-existent. It has further been argued that even number of plot has been mentioned in the alleged agreement to sell, Annexure P3. It is dated 23.04.2007 whereas, the allotment letter is dated 09.08.2007. Hence, it is contended that custodial interrogation of the petitioner is necessary. I have considered all the facts and circumstances of the case. Admittedly, the petitioner entered into an agreement to sell with alleged Sandeep Kumar Ranga, who is non-existent, regarding reserved category plot of Paramilitary Forces even before the said plot is allotted to alleged Sandeep Singh Ranga and thereafter he entered into an agreement to sell the same to another person i.e. Anil Kumar of Devta Properties, Hisar. In view of these facts, custodial interrogation of the petitioner is necessary and he is not entitled for extra ordinary relief of anticipatory bail. The case is still at the initial stage of investigation. Hence, keeping in view these facts and without expressing anything on the merit of the case, the instant application for anticipatory bail filed by Ajeet Singh Shahi is, hereby, dismissed being devoid of merit. ( RAM CHAND GUPTA ) March 3, 2010. JUDGE 'om' 3