Rajesh Kumar v. State of Maharashtra
In the High Court of Bombay
ABA 2038/2018
Before Justice Prakash D. Naik
Decided on February 06, 2019

Relevancy of the case: Anticipatory bail application in a case involving forgery of documents

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 72A)
• The Indian Penal Code, 1860 (Section 34, 465, 467, 468, 471)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• The applicant had previously approached the Sessions Court for the grant of anticipatory bail. However, the Sessions Court rejected the application on various grounds.
• The applicant had allegedly forged several documents, including an Aadhaar card, PAN card, and birth certificate. He also tried to change his name and published an official gazette for the same.
• The applicant allegedly did this to acquire the property of the trust of his spiritual parents.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that a third person had obtained the birth certificate. He assumed that it was in good faith. Later, he filed an FIR against the person who obtained this certificate illegally for him.
• The respondent’s counsel submitted that the applicant had forged his documents several times, and there is no evidence of his birth origin in India. Hence, he cannot claim protection under Section 438 of the Code of Criminal Procedure, 1973.

Opinion of the Bench

• After considering the circumstances, the bench concluded that custodial interrogation of the applicant is necessary.

Final Decision

• The bench rejected the anticipatory bail application.