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2025 DIGILAW 215 (HP)

Vivek v. State of Himachal Pradesh

2025-02-25

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant Vivek, apprehending his arrest, in case FIR No. 87 of 2024, dated 14.10.2024, registered under Sections 318 (4), 316 (5) and 3(5) of Bhartiya Nyaya Sanhita, (hereinafter referred to as ‘the BNS’) with Police Station, Tahliwal, District Una, H.P . has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’). 2. The applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case. 3. According to the applicant, he has been falsely implicated in the present case, as the case has been registered against him, on the basis of concocted facts. According to him, he is innocent person and has nothing to do with the case. 4. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the B.N.S.S. 5. The applicant has tried his luck by moving similar application, before the Court of learned Additional Sessions Judge-II, Una, H.P., which has been dismissed vide order dated 24.12.2024. 6. On all these submissions, Ms. Narvada Kashyap, Advocate has prayed that the bail application may kindly be allowed. 7. When put to notice, the Police has filed status report on 27.12.2024, disclosing therein that on 14.10.2024, complainant Suman moved a complaint, before the Police of Police Station, Tahliwal to the effect that Vivek (applicant) working in HDFC Bank, Tahliwal has withdrawn a sum of Rs. 3,90,000/- from her Cash Credit Limit Account No. 50200088641535. 7.1 According to the complainant, she and her husband are having joint account with HDFC Bank, Tahliwal. The Cash Credit Limit of the same is Rs. 5,50,000/-. The account is stated to have been opened in the year 2023. For opening the said Cash Credit Limit, applicant Vivek had approached them and after winning their confidence, the said account was got opened. 7.2 Thereafter, complainant and her husband are stated to have received the debit card. She has further alleged that from 25.11.2023, applicant Vivek used to withdraw the amount from their account, through ATM and other modes. 7.3 On 4.11.2024, the complainant came to know about this fact and contacted the Bank Manager Gaurav, and disclosed that from her account a sum of Rs. She has further alleged that from 25.11.2023, applicant Vivek used to withdraw the amount from their account, through ATM and other modes. 7.3 On 4.11.2024, the complainant came to know about this fact and contacted the Bank Manager Gaurav, and disclosed that from her account a sum of Rs. 3,00,000/- was withdrawn by accused Vivek through ATM and other modes. Thereafter, she contacted Vivek and his parents regarding this fact, upon which, parents of the applicant assured her to return the said amount. However, on 14.10.2024, parents of applicant Vivek refused to repay the said amount. 7.4 On the basis of above facts, complainant has prayed that action be taken against Manager Gaurav and applicant Vivek. 7.5 On the basis of above facts, the FIR was registered and criminal machinery swung into motion. 7.6 During investigation, requisite documents, qua opening of the bank account, were obtained. During investigation, it was also found that facility of SMS alert was not provided to the registered mobile number of the complainant. 7.7 On the basis of above facts, interim protection was granted to the applicant with a direction to the applicant to join investigation. 7.8 In the status report, filed on 6.1.2025, it has been mentioned that investigation, in the present case, is going on and record, with regard to the use of ATM/debit card by the applicant, on different petrol pumps, is required to be taken into possession. In the status report, it has also been mentioned that request for providing transaction history has also been made to the Bank. 7.9. In the status report, filed on 9.1.2025, it has been mentioned that though the applicant had joined the investigation, but he is not cooperating with the investigation, nor getting the ATM card recovered. In the status report, filed on 16.1.2025, similar stand has been taken by the Police. 7.10. Today, the Police has filed the status report, disclosing therein that the accused has not got effected the recovery of ATM/Debit Card and destroyed the evidence. As such, Section 238 of the BNS has been added in the FIR in question. 8. On the basis of above facts, a prayer has been made to dismiss the bail application. 9. Heard. 10. As such, Section 238 of the BNS has been added in the FIR in question. 8. On the basis of above facts, a prayer has been made to dismiss the bail application. 9. Heard. 10. The applicant has joined the investigation, as per the directions issued by this Court, and has been released on bail, by the Investigating Officer, as per the directions issued by this Court. Due to his alleged non- cooperation, Police has added Section 238 of the BNS, in the case. The bail application of co-accused Gaurav Chandel, filed under Section 482 of the BNSS, has already been allowed by the Court of learned Additional Sessions Judge-II, Una, H.P 11. The role, allegedly played by the applicant, in the commission of offences, will be proved during the trial. At the time of deciding the bail application, the detailed discussion about the material collected by the I.O. should be avoided, as it would cause prejudice to the case of prosecution or to the case of accused (applicant). 12. The application cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicant is presumed to be innocent, till the conclusion of the trial. 13. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation of the applicant, as such, the interim order dated 27.12.2024 is liable to be made absolute. 14. Consequently, interim order dated 27.12.2024 is made absolute. The applicant is ordered to be released on bail in case FIR No. 87/2024, dated 14.10.2024, registered under Sections 318 (4), 316 (5) and 3(5) of the BNS with Police Station, Tahliwal, District Una, H.P., on his furnishing personal bail bond, in the sum of Rs. 50,000/- with one surety in the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions: a) That the applicant will join the investigation of the case as and when, called for, by the Investigating Officer, in accordance with law. b) That the applicant will not leave India, without prior permission of the Court. This order, however, shall be subject to the following conditions: a) That the applicant will join the investigation of the case as and when, called for, by the Investigating Officer, in accordance with law. b) That the applicant will not leave India, without prior permission of the Court. c) That the applicant 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 the Court. d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application. 15. In view of above, the bail application is, thus, disposed of. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application. 17. The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of law. 18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.