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2022 DIGILAW 16 (HP)

Pankaj Kumar v. State of Himachal Pradesh

2022-01-07

CHANDER BHUSAN BAROWALIA

body2022
ORDER : The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 250 of 2019, dated 31.08.2019, under Sections 420, 406, 467, 468, 120B and 201 IPC, registered at Police Station Nalagarh, District Solan, H.P. 2. As per the averments made in the petition, the 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, as he is permanent resident of District Hamirpur, H.P. No fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so he be released on bail. 3. At the very outset it is pertinent to mention that by filing the instant petition the petitioner has approached this Court successively third time seeking his bail. One of his earlier petitions was dismissed and other was withdrawn. 4. Police report stands filed. As per the prosecution story, Shri Suresh Kumar (complainant) made a written complaint to the police and alleged that he is acquainted with Pankaj Kumar and Anil Kumar, petitioner and co-accused, respectively. The petitioner and the co-accused taking advantage of his gullibility told him that they would manage jobs for his children. The petitioner and the co-accused, on the pretext of managing jobs for the children of the complainant, demanded rupees ten lac from the complainant, which he paid to them. As per the complainant, the petitioner and the co-accused also cheated some local people. The complainant prayed that action be taken against the petitioners. Upon the complaint, so made by the complainant, police registered a case under the apt Sections of IPC and investigation ensued. Police seized the papers handed over to them by the complainant and later on a Special Investigation Team (SIT) was constituted for probing the matter. On 01.09.2019 accused Chander Shekhar and Gagandeep joined the investigation and they were arrested on 02.09.2019. During the course of investigation it was unearthed that during November, 2017 accused Gagandeep met main accused Rohit Kashta. Initially, on the pretext of getting job for Gagandeep, accused Rohit Kashta demanded rupees four lac from accused Gagandeep, which accused Gagandeep paid to him, but when no job was managed, accused Gagandeep joined accused Rohit Kashta in his illegal activities. During the course of investigation it was unearthed that during November, 2017 accused Gagandeep met main accused Rohit Kashta. Initially, on the pretext of getting job for Gagandeep, accused Rohit Kashta demanded rupees four lac from accused Gagandeep, which accused Gagandeep paid to him, but when no job was managed, accused Gagandeep joined accused Rohit Kashta in his illegal activities. Later on accused Gagandeep cheated four people on the pretext of managing jobs for them. Accused Rohit Kashta, Chandershekhar, Anil Kumar and the petitioner were acquainted with each other. The investigation further reveals that accused Chandershekhar cheated many persons on the pretext of managing jobs for them and he used to introduce people to main accused Rohit Kashta. Police investigation further reveals that there are huge transactions in the bank accounts of accused persons and some amount was paid to accused Rohit Kashta in cash through petitioner Pankaj. Accused persons, including the petitioner used to prepare fake appointment letters, joining letters etc. On the basis of mobile location, petitioner Pankaj Kumar and Anil Kumar were nabbed by the police near Panchkula Court on 05.09.2019. The records show that the accused persons, including the petitioners, cheated many persons, and illegally usurped huge amounts. On 08.09.2019 co-accused Anil Kumar made a disclosure statement and got recovered a laptop and three pen drives from his accommodation at Shivalik Vihar, Nayagaon, Chandigarh. On the basis of mobile location accused Rohit Kashta was arrested on 08.09.2019. Police also recovered fake appointment letters, joining letters and printer used for the same. Police also recovered display screen and CPU. Accused Rohit Kashta made a disclosure statement and got recovered three appointment letters from his rented accommodation. Accused Rohit Kashta disclosed that he had broken a printer and threw the same at Ambala Road. On the identification of accused Rohit Kashta police recovered broken pieces of a printer. Scientific samples were sent to SFSL, Junga, for analysis. Bank accounts of the accused persons, including the petitioner, were analyzed. As per accused Rohit Kashta, he purchased a flat for rupees thirty lac, spend some money in Hotel Palm House, and paid Rs. 9,48,000/- to one Lucky for purchasing another flat. As per the police, petitioner is a clever person and he alongwith other co-accused cheated many innocent persons. Investigation reveals that petitioner alongwith other accused persons cheated many innocent persons and usurped huge money. 9,48,000/- to one Lucky for purchasing another flat. As per the police, petitioner is a clever person and he alongwith other co-accused cheated many innocent persons. Investigation reveals that petitioner alongwith other accused persons cheated many innocent persons and usurped huge money. On 24.10.2019 challan was presented in the Court and after receipt of report from SFSL Junga, supplementary challan is also presented in the learned Trial Court. As per the police, the bank records also show the involvement of the petitioner in the crime. In 2018 accused Gagandeep introduced accused Chandershekhar to accused Rohit Kashta. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner, alongwith other co-accused, has committed serious crime by cheating many innocent persons on the pretext of managing jobs for them. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so his bail application may be dismissed. 5. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully. 6. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of the place. No fruitful purpose will be served by keeping the petitioner behind the bars, as investigation is complete, even challan stands presented in the learned Trial Court, so the custody of the petitioner is not at all required by the police for any purpose, therefore, the petition may be allowed and the petitioner may be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner has committed a serious offence and he alongwith other co-accused cheated many innocent people and usurped their hard earned money. He has further argued that considering the role of the petitioner in the alleged offence, at this stage, if he is enlarged on bail, he may tamper with the prosecution evidence and also may flee from justice. It is prayed that the bail application of the petitioner be dismissed. 7. He has further argued that considering the role of the petitioner in the alleged offence, at this stage, if he is enlarged on bail, he may tamper with the prosecution evidence and also may flee from justice. It is prayed that the bail application of the petitioner be dismissed. 7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner is neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. Investigation is complete, even challan stands presented in the learned Trial Court, so the custody of the petitioner is not at all required by the police for any purpose. He has further argued that the petitioner cannot be kept behind the bars for an unlimited period, so the petitioner may be enlarged on bail by allowing the instant bail petition. 8. As noticed above the petitioner has approached this Court successively third time seeking his bail. One of his earlier bail applications was dismissed and other one was withdrawn. So, at this stage the petitioner has to carve out a case for bail only if he can prove change in circumstances. However, the record reveals that there is no change in the circumstances. As per the police, in total Rs. 2,39,32,000/- has been usurped by the petitioner and other co-accused and the money has been distributed amongst the petitioner and co-accused persons. Rs. 10,53,000/- has been transferred in the account of the petitioner and till date nothing has been recovered from the petitioner. So, considering the fact that huge money has been usurped by the petitioner and others, and the petitioner’s role in the alleged offence, the fact that till date no amount has been recovered from the petitioner and in case the petitioner, at this stage, is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, also considering the seriousness of the offence and the way allegedly petitioner and others usurped the money of many persons and all the facts and circumstances of the case and without elaborately discussing the same, this Court finds that the petitioner, at this stage, fails to carve out a case for bail, as there is no change in the circumstances, so the petition, which sans merits, deserves dismissal and is accordingly dismissed.