No Reason to Keep the Applicant Behind Bars Indefinitely: Uttarakhand High Court Grants Bail in Forgery Case

High Court Emphasizes Extended Judicial Custody and Absence of Prior Convictions in Granting Bail to Vishal Kumar
The High Court of Uttarakhand at Nainital has granted bail to Vishal Kumar, accused of forgery and conspiracy, in a high-profile case involving forged sale deeds and false documents. The decision, delivered by Justice Alok Kumar Verma, underscored the applicant’s lack of prior convictions and his extended judicial custody since September 2023.
Vishal Kumar was arrested in connection with a case involving the creation of false sale deeds and the substitution of original documents at the Sub-Registrar Office in Dehradun. The prosecution alleged that false title deeds for vacant lands, or lands whose owners did not reside in Dehradun, were forged. The investigation revealed that Kumar, in collusion with co-accused, prepared a false sale deed in favor of his father, who then executed a will bequeathing the property to Kumar. The document in question was sent to the Forensic Science Laboratory for examination, which produced an inconclusive report. Kumar has been in judicial custody since September 29, 2023.
Justice Verma highlighted that Vishal Kumar had no prior convictions, which played a significant role in the decision to grant bail. “The applicant is not a previous convict and is a permanent resident of District Muzaffarnagar (U.P.), reducing the likelihood of absconding,” observed the court.
The court took into account the applicant’s extended period of judicial custody, stating, “No reason is found to keep the applicant behind the bars for an indefinite period.” Vishal Kumar had been in custody since September 29, 2023, and the charge sheet had already been filed, further supporting the decision for bail.
Co-accused Granted Bail:
The court noted that co-accused with similar roles had already been granted bail. “Co-accused Kamal Virmani, Dal Chand Singh, and Imran Ahmad have been granted regular bail by this court,” emphasized Justice Verma, indicating consistency in judicial decisions.
The court extensively discussed the principles of granting bail under Section 439 of the Cr.P.C. and the specifics of the forgery allegations. The defense argued that the Forensic Science Laboratory’s report on the forged documents was inconclusive. “The report of the Forensic Science Laboratory is inconclusive, which weakens the prosecution’s case at this stage,” argued Mr. Aditya Singh, Advocate for the applicant.
Justice Verma remarked, “Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period.”
The High Court’s decision to grant bail to Vishal Kumar reflects a careful consideration of his judicial custody period, absence of prior convictions, and the inconclusive forensic report. The court has imposed conditions for bail, including regular attendance in court and non-interference with witnesses, ensuring that the applicant remains accountable. This judgment is significant in reinforcing the balance between judicial custody and the right to bail, particularly in cases involving complex forgery allegations.

Date of Decision:16th May 2024
VISHAL KUMAR vs STATE OF UTTARAKHAND