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Himachal Pradesh High Court · body

2022 DIGILAW 49 (HP)

Harpreet Singh, S/o. Sh. Tarlochan Singh v. State of Himachal Pradesh

2022-02-24

CHANDER BHUSAN BAROWALIA

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ORDER : The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No.5 of 2019 dated 1.11.2019, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code registered at Police Station, SV & ACB, Shimla, 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 permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail. 3. Police report stands filed. As per the prosecution story, Shri Kamal Kishore, son of late Shri Narayan Dass, made a written complaint before the police about the cheating being carried out by certain persons in connivance with the finance companies. The complainant has alleged that in the year 2019, he was induced by one Sh. Bhajan Lal, to purchase a vehicle and the finance was arranged from one Sardarji. Bhajan Lal did not return the money, which was taken from said Sardarji, due to which said Sardarji had kept the vehicle of the complainant. Thereafter, Bhajan Lal got introduced the complainant with Raman alias Aman resident of Punjab, with the assurance that there is a scheme with regard to the vehicles. The vehicle will be deployed in the company and from which monthly income would be received. The finance of that vehicle would also be born by the said company. The complainant was asked to supply certain requisite documents. Thereafter, vehicle Innova Crysta which was purchased for about rupees twenty lac only was got financed. All the persons dealing with the complainant were conspiring with each other to cheat him. The vehicle was got registered at Dera Bassi, where the complainant asked for his vehicle, he was again assured that the vehicle would be employed in a company and an agreement will be executed. The complainant was again asked to supply blank stamp papers. Thereafter, vehicle of the complainant was not found. The investigation was conducted and during investigation, the vehicle was searched at different places of Punjab, Haryana and Himachal Pradesh. During investigation, it was revealed that accused Raman alias Aman, Amit Kumar and Vimal Kalra etc. The complainant was again asked to supply blank stamp papers. Thereafter, vehicle of the complainant was not found. The investigation was conducted and during investigation, the vehicle was searched at different places of Punjab, Haryana and Himachal Pradesh. During investigation, it was revealed that accused Raman alias Aman, Amit Kumar and Vimal Kalra etc. were inducing the local people to purchase vehicles by getting the vehicles financed by finance agencies. On 2.12.2020, accused persons disclosed that the vehicle belongs to the complainant after receiving the same from the agency has been sold to Harpreet Singh. Thereafter, the bail petitioner took the vehicle to Patiala and got prepared the forged documents and forged registration of the said vehicle and subsequently sold the same to another person. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed. 4. 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. 5. Learned counsel for the petitioner has argued that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by sending him behind the bars. He has further argued that the instant petition may be allowed and the petitioner may also be enlarged on bail. 6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed. 7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. He has further argued that the custody of the petitioner is not at all required by the police for investigation. 7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. He has further argued that the custody of the petitioner is not at all required by the police for investigation. The petitioner is joining and co-operating in the investigation, so the present bail application may be allowed. 8. This Court, after giving thoughtful and incisive consideration to the facts that the petitioner is permanent resident of the place, neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, he is joining and cooperating in the investigation, ready and willing to abide by the terms and conditions of bail, in case granted, considering the fact that nothing remains to be recovered from the petitioner, his custody is not at all required by the police for further investigation and also considering the all other facets of the case and without discussing the same elaborately, this Court finds that the present is a fit case, where the judicial discretion to admit the petitioner on bail, in the event of his arrest, in this case, is required to be exercised in his favour. Under these circumstances, it is ordered that the petitioner, in the event of his arrest, in case FIR No. 5 of 2019 dated 1.11.2019, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, registered at Police Station, SV & ACB, Shimla, be forthwith released on bail on his furnishing personal bond to the tune of Rs.50,000/- (rupees fifty 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 appear before the learned Trial Court/police/authorities as and when required. 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. 9. In view of the above, the petition is disposed of. 10. 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. 9. In view of the above, the petition is disposed of. 10. Needless to say that the observations made hereinabove are only confined for adjudication of the present case and the same shall have no bearing on the merits of the main case, which shall be adjudicated on its own.