JUDGMENT : DHARAM CHAND CHAUDHARY, J. 1. Learned Deputy Advocate General has filed the status report and the I.O. HC Kapil Dev of Police Station, Fatehpur, District Kangra, has produced the record. 2. The petitioners herein are accused in FIR No. 111 of 2017 registered under Sections 420, 467, 468 read with Section 34 IPC against them in Police Station, Fatehspur, District Kangra (H.P.). 3. The allegations against them in a nut shell are that the accused-petitioner No. 2 Sneh Lata, the wife of accused-petitioner No. 1 Narender Kumar had impersonated herself as Asha Rani and managed the execution of an agreement to sell with one Rahul Gogna, the complainant, for sale of a piece of land by her to him in the sum of Rs. 8,00,000/- (rupees eight lacs). The agreement was witnessed by accused-petitioner No. 1 Narender Kumar. In pursuant to the forged and fictitious agreement both accused-petitioners had received Rs. 7,00,000/- as earnest money from the complainant. The complainant when came to know about the agreement forged one and he having been cheated by the accused-petitioners, approached accused-petitioner Narender Kumar. The said accused had acknowledged in writing that the agreement was forged and fictitious and promise to return the amount they received as earnest money. However, when they failed to do so, the complainant was compelled to file a complaint under Section 156(3) of the Code of Criminal procedure in the Court of learned Judicial Magistrate 1st Class, Jawali, District Kangra, H.P. It is on the direction of learned Magistrate below the FIR came to be registered against the accused-petitioners. 4. Learned Deputy Advocate General on instructions submits that both the accused-petitioners have made themselves available for the purpose of interrogation. The investigation is almost complete except for the report of the State Forensic Science Laboratory, which is to be collected in due course of time. The accused-petitioners are permanent resident of district Kangra. There is no likelihood of their fleeing away from justice, if in the event of their arrest in the case they are ordered to be released on bail. They are also no more required for the purpose of interrogation. 5. Being so, the application is allowed.
The accused-petitioners are permanent resident of district Kangra. There is no likelihood of their fleeing away from justice, if in the event of their arrest in the case they are ordered to be released on bail. They are also no more required for the purpose of interrogation. 5. Being so, the application is allowed. Consequently, it is ordered that in the event of arrest of the accused-petitioners in connection with FIR No. 111 of 2017 registered in Police Station, Fatehpur, District Kangra, they shall be released on bail subject to their furnishing personal bond in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the arresting officer or the SHO, Police Station, Fatehpur. They shall further abide by the following conditions. That they shall: (a) make themselves available for interrogation as and when required and shall cooperate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end. (b) not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever. (c) not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police officer. (d) not leave the territory of India without the prior permission of the Court. 6. It is clarified that if the petitioners misuse their liberty or violates any of the conditions imposed upon them; the Investigating Agency shall be free to move this Court for cancellation of the bail. 7. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of.