Manoj Bajaj,J. - (1.) Petitioners have filed this petition under Section 439 Cr.P.C for grant of regular bail pending trial in case FIR No.193 dated 09.10.2020 registered under Sections 420, 465, 468, 471, 473, 120-B and 34 Indian Penal Code, 1860 at Police Station Cantt, Bathinda. The petitioners are in custody since their arrest on 22.10.2020 and 16.10.2020, respectively.
(2.) The FIR was registered on the basis of letter No.1233 dated 09.10.2020 and the allegations as noticed by the learned Additional Sessions Judge, Bathinda in the order dated 16.11.2020 are as under: "Present case was lodged on the basis of letter No.1233 dated 09.10.2020 from the Registrar, Adesh University Bathinda, against the Ashok Kawatra, Bharat Kumar and Vikash Bishnoi, all residents of Suratgarh (Rajasthan) for having generation of fake degree certificate of Adesh University Bathinda, when one Brijesh Singh son of Raj Bahadar Singh submitted the documents i.e. statement of Ist year Marks Sheet Roll No.6935198, 2nd year Marks Sheet Roll No.7065498, 3rd year Mark Sheet Roll No.7906518, 4th year Marks Sheet Roll No.8629438, Bachelor of Dental Surgery year 2018. Migration Certificate No.17108450 of May 2018 to the said university for verification which were, however, found to be fake and fabricated. The said Brijesh Singh had informed that Adesh University Registrar that the said cerrificates were issued to him by the Ashok Kawatra, Vikas Bishnoi and Bharat Kumar who had even confirmed that the said documents are true and correct. The said certificates (in original) allegedly issued to said Brijesh Singh, are part of the police file which are shown to be issued by the Chancellor of the Adesh Group of Institution but have been found to be fake by the Registrar, Adesh University, Bathinda."
(3.) Learned counsel for the petitioners have argued that in the present FIR only three accused, namely, Vikas Bishnoi, Ashok Kwatra and Bharat Kumar were named, who had given the fake certificate to Brijesh and the petitioners were not named in the FIR. According to them, subsequently on the basis of the disclosure statement suffered by Vikas Bishnoi, petitioners were indicted as accused. According to them, the investigation of the case is complete as final report has been filed, therefore, further custody of the petitioners may not be necessary. They have prayed for regular bail.;