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2018 DIGILAW 1379 (HP)

Nand Ram v. State Of H. P.

2018-07-24

CHANDER BHUSAN BAROWALIA

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JUDGMENT Chander Bhusan Barowalia, J. - The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure, for releasing him on bail, in the event of his arrest, in case FIR No. 16/2017, dated 28.6.2017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, Police Station, Sangla, District Kinnaur, H.P. 2. As per the averments made in the petition, petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. 3. Police report stands filed. As per the police report, complainant lodged an FIR alleging therein that on 12.9.2013, the petitioner had applied for agricultural loan amounting to Rs. 6,00,000/- from UCO Bank, Branch Sangla. The petitioner has furnished jamabandi pertaining to his land before the Bank, on the basis of which, loan was duly sanctioned. When, the petitioner has not deposited regular loan installments, jamabandi pertaining to his land was sent to the Tehsildar, Sangla as well as to concerned Patwari and it was found that the land in question, as shown in the jamabandi does not belong to him, but the land was in the name of one Thakur Sen, as mentioned in the land record. The petitioner has prepared forged jamabandi in order to obtain agricultural loan and has also made forged signatures of Tehsildar Sangala and concerned Patwari in the revenue record. During the course of investigation, statements of the witnesses were recorded, under Section 161 of the Code of Criminal Procedure. Lastly, the prosecution has prayed that the bail application of the petitioner may be dismissed. 4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 5. Heard. At this moment, taking into consideration the fact that after registration of the case, the petitioner has deposited some amount in the Bank towards his loan liability, which he has taken, as per the prosecution, after cheating the bank. 5. Heard. At this moment, taking into consideration the fact that after registration of the case, the petitioner has deposited some amount in the Bank towards his loan liability, which he has taken, as per the prosecution, after cheating the bank. This Court finds that the case is based upon the document and it is a fit case, where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour, as he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. Under these circumstances, it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No. 16/2017, dated 28.6.2017, under Sections 420, 467, 468 and 471 of the Indian Penal Code, Police Station Sangla, District Kinnaur, on his furnishing personal bond to the tune of Rs. 20,000/- (rupees twenty thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is granted subject to the following conditions: (i) That the petitioner will join investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will not directly or indirectly 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 Investigating Officer or Court. (iv) In case, the petitioner tries to interfere with the prosecution evidence or tries to flee from justice, the present bail order is likely to be recalled at the instance of petitioner. 6. In view of the above, the petition is disposed of. Copy dasti.