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2025 DIGILAW 223 (HP)

Ranjan Mahajan v. State of Himachal Pradesh

2025-02-27

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Apprehending his arrest, in case FIR No.42/2024 dated 02.05.2024 (hereinafter referred to as the ‘FIR in question’), registered under Sections 420, 467, 468 and 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Tissa, District Chamba, H.P., applicant-Ranjan Mahajan has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Tissa, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR. 3. The said relief has been sought on the ground that he is innocent person and apprehending his arrest, in the above-noted case. 4. According to the applicant, the allegations, as levelled in the FIR in the question, against him, are baseless and concocted. 5. It is the case of the applicant that one FIR, regarding the same transaction, has also been registered with Police Station Kihar, vide FIR No.63 of 2023, in which, all the Directors of the Company, including the applicant, have been named as accused and investigation, in the said case, is still going on. 6. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case. 7. When, put to notice, the police has filed the status report on 19.12.2024, disclosing therein, that on02.05.2024, learned Judicial Magistrate First Class, Tissa (hereinafter referred to as the ‘JMFC’) has passed the order, under Section 156(3) of CrPC, upon which, the FIR in question has been registered. The contents of the said complaint, as mentioned, are reproduced, as under:- “(1). That the Complainants are the permanent resident of Tehsil Churah District Chamba (H.P.) That in the year 2021 and 2022 Mr Ranjan Mahajan Moh, Hardaspura District Chamba H.P accused no.1 convinced the complainants that he is director of Arth Kosh Nidhi AND Arthalya Sanchay Nidhi Itd. Branch Office Main Bazaar Bhanjraru Tehsil Churah District Chamba H.P. (2). That Mr. That the Complainants are the permanent resident of Tehsil Churah District Chamba (H.P.) That in the year 2021 and 2022 Mr Ranjan Mahajan Moh, Hardaspura District Chamba H.P accused no.1 convinced the complainants that he is director of Arth Kosh Nidhi AND Arthalya Sanchay Nidhi Itd. Branch Office Main Bazaar Bhanjraru Tehsil Churah District Chamba H.P. (2). That Mr. Ranjan Mahajan invite the complaints to invest their money in scheme as "Arthalya Sancay and Arth Kosh and also stated that this Nidhi will give you benefits without your efforts you all will just deposit minimum, maximum and unlimited and after completion the one year this Nidhi will give you 8% interest of yours principal amount. (3). That all the rustic and simple villagers (complainants) invest their money from their saving and also took loans from the Banks and deposit the same through in Arth Kosh AND Arthalay Sanchay. (4). That all the above mention complaint invested their money on the positive hope that after the one year the Nidhi will give interest amount of money and Nidhi also will gave Education Loan facility. The poor and simple complainants invest their money for future perspective therefore villagers took loans from Banks but all in vain. (5). That after the completion of time bond period all the complainants called to Mr. Ranjan Mahajan to receive back the deposit money along with maturity but shockingly accused denied to gave their money to them. (6). That it is very important to submit here that after denial of this all the complainant told the all of the accused to file complaint against him but then the accused no.1 assured them that he will gave entire amount within one week. (7). That thereafter complainants again approached Mr. Ranjan Mahajan (accused no.1) and complainants are in bigger shock when he refused to give the amount which was being invested by all the complainants to get the benefits & moreover to this now the Banks issued the notice to the complainants who get loan from the Bank. (8). That the complainant reported the matter to police at police Station Tissa on dated 12-11-2023 but the police failed to take any action against the accused persons till date, hence this complaint (copy, of complaint attached herewith). (9). That it is very difficult to all the complainants to revert the amount because a big fraud has been committed with them. That the complainant reported the matter to police at police Station Tissa on dated 12-11-2023 but the police failed to take any action against the accused persons till date, hence this complaint (copy, of complaint attached herewith). (9). That it is very difficult to all the complainants to revert the amount because a big fraud has been committed with them. The all the complainants are poor and simple rustic villager now it is very difficult to all the people to survive and take bread and butter for their family. Even the poor complainant/applicants are not able to get the marriage of their son or daughter and also compromised the study of their Children's due to financial scanty, which is the harsh results of fraud committed by accused no.1,2 and 3. (10). That all accused person are involved in illegal activities and are misappropriating poor people funds for their own use, and causing great damage to the economy, society and State.” 8. After registration of the FIR, the investigation was initially conducted by ASI Hardev Singh. Copies of Recurring Deposit (RD) and Fixed Deposit (FD) were taken into possession from the persons, affected by the act of the accused. Their statements were also recorded. 9. As per the status report, during investigation, it was found that in the month of October, 2019, Ranjan Mahajan (applicant) had opened a branch of Earthkosh Nidhi Limited Bank and Brijender Kumar and Yusuf Mohammad were appointed as Directors of the said company, who allured the local people to deposit the amount by alluring them to pay interest @12%, 11.50%and on the recurring deposit @8%. 10. After the maturity period, the account holders had started demanding their money and then, they had started making excuses on the one pretext or the other. Thereafter, in the year 2023, the said branch was also closed. As per the status report, there is fraud of about Rs.25 lacs. 11. After perusing the said status report, interim protection was granted to the applicant, with a direction to join the investigation, vide order dated 19/20.12.2024. 12. In the supplementary status report, filed on 23.12.2024, it has been mentioned that the applicant, in pursuance of the directions of this Court, appeared before the police and produced the Certificate of Incorporation, List of employees, branch Bhanjraru, List of saving account holder names and List of RDs & FDs account holder names. 12. In the supplementary status report, filed on 23.12.2024, it has been mentioned that the applicant, in pursuance of the directions of this Court, appeared before the police and produced the Certificate of Incorporation, List of employees, branch Bhanjraru, List of saving account holder names and List of RDs & FDs account holder names. The above documents were also taken into possession. It has also been mentioned that FIR No.63/2023 dated 29.08.2023, under Section 406 of IPC, was also registered with Police Station Kehar, District Chamba, H.P. 13. As per the supplementary status report, filed on 06.01.2025, specimen signatures of applicant were obtained by producing him before the Court of learned JMFC, Tissa and during investigation, he has deposed that he had got the RD/FD passbooks print from a person, belonging to the State of Punjab. According to the said status report, he has also shown his ignorance with regard to the stamp, which he had used. 14. In the supplementary status report, which was filed on 09.01.2025, similar stand has been taken. 15. As per the status report, filed on 27.01.2025, it has been mentioned that the applicant has allured the common people to deposit the amount in the company in issue, on the allurement to give 12% interest. As such, he has embezzled a sum of Rs.1,33,00,000/- from Kehar area and Rs.25 lacs from Bhanjraru area. He also used to pay commission @5% to the agents. The applicant is also stated to be having one i20 and Urban Cruiser. 16. In the status report, filed on 25.02.2025, also similar stand has been taken. 17. On the basis of above facts, it has been prayed that since, the applicant is not disclosing about the property, which he has purchased, as such, a prayer has been made to dismiss the application. 18. Heard. 19. The applicant has joined the investigation and despite various status reports, filed by the respondent-State, the State is not able to make out a case for custodial interrogation of the applicant. The status reports are totally silent as to what fact is to be ascertained from the applicant by remanding him to the police custody. 20. 18. Heard. 19. The applicant has joined the investigation and despite various status reports, filed by the respondent-State, the State is not able to make out a case for custodial interrogation of the applicant. The status reports are totally silent as to what fact is to be ascertained from the applicant by remanding him to the police custody. 20. Although, another FIR is also stated to have been registered against the applicant, but, admittedly, in the said case, no conviction has been recorded by the competent Court of law, as such, presumption of innocence is still available to the applicant. 21. Moreover, the bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited under the law. 22. Considering the fact that the applicant allegedly allured the common people to deposit the amount in his company on the pretext of paying high rate of interest, this Court is of the view that the said allegations will be proved, during the pendency of the trial. 23. Considering all these facts, this Court is of the opinion that the interim order, dated 19/20.12.2024, is liable to be confirmed. Consequently, interim order, dated 19/20.12.2024, is made absolute, 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; and 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; 24. 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. 25. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 26. 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. 25. The applicant is directed to move regular bail application, when chargesheet will be filed in the competent Court of law. 26. 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.