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Himachal Pradesh High Court · body

2025 DIGILAW 890 (HP)

Kamlesh Kumar v. State of H. P.

2025-05-02

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. The applicants, have filed the present applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 20 of 2025, dated 18.3.2025, registered under Sections 316 (2) and Section 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station, Pachhad, District Sirmour, H.P. 2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case. 3. According to the applicants, they are innocent persons and have falsely been implicated, in the present case. 4. According to the applicants, applicant Abhishek Rana has lodged an FIR with the Police Station, Naya Gaon, District SAS Nagar, under Section 420 of the IPC, against the complainant, and the present case is the counter blast to the said FIR. 5. The applicants have given certain undertakings, for which, they are ready to abide by, in case, relief is granted to them, under Section 482 of BNSS. 6. When, put to notice, the Police filed status report, disclosing therein that on 18.3.2025, complainant Anil Chauhan, through e-mail, submitted to the Police the following facts: “To Station House Officer Police Station, Sarahan, Pachhad, Sirmour, H.P.. Subject: Complaint against S/Shri Abhishek Rana, Mrs. Anita Rana, Kamlesh Kumar and others for committing offences of Criminal Trespass and Criminal Breach of Trust by conspiring criminally with each other. Sir undersigned has already sent a handwritten Complaint via registered post to your good self, and the present complaint be read in continuity with the said handwritten complaint and both be considered together while proceeding with the required legal actions. The undersigned was initially the sole proprietor and owner of M/S King Stone Mines and Minerals (hereinafter referred to as king stone) having its registered office at Alfresco The peak, Mashobra, Shimla. Thereafter. Sh Abhishek Rana and his mother Mrs. Anita Rana were drafted in as partners having 25% stake each respectively, as per the Partnership Deed made on 15th April 2021. Subsequently Sh. Abhishek Rana insisted that a JCB should be purchased so that the work at site could be carried out in an effective and efficient way. Thereafter. Sh Abhishek Rana and his mother Mrs. Anita Rana were drafted in as partners having 25% stake each respectively, as per the Partnership Deed made on 15th April 2021. Subsequently Sh. Abhishek Rana insisted that a JCB should be purchased so that the work at site could be carried out in an effective and efficient way. He stated that since MSME rebate can be availed only by a person below 45 years of age so the said JCB should be purchased in his name. However, the upfront amount and subsequent instalments were paid by the undersigned Thereafter, we entered into an agreement on 12th Aug, 2021, wherein the JCB was a property of King stone and to be used at site only. However, on 11th Dec. 2024 Sh. Abhishek Rana accompanied by Kamlesh Kumar and some other unknown persons came to the site and forcibly stole the parked JCB and took it to some unknown place without the undersigned's consent Sh. Abhishek Rana got the JCB purchased with an ulterior motive of cheating me by utilizing my money and subsequently steeling it. Sh. Abhishek Rana and Mrs. Anita Rana both should be booked under relevant sections of cheating and theft. Thanking You. SD/ Anil chauhan Dated: 18/03/2025 Anil Chuahan, son of Late Sh. SL Chauhan, Alfresco The Peek, Mashobra, Shimla, HP. 98194-99000.” 6.1. On the basis of above facts, the Police machinery swung into motion. In the status report, filed on 20.3.2025, it has been mentioned that investigation is at the initial stage and considering the said fact, interim protection was granted to the applicants, on 20.3.2025, and the matter was adjourned for 4.4.2025. 6.2 On that date, Police filed the status report, disclosing therein that during investigation, the complainant was directed to produce the relevant documents. Consequently, on 23.3.2025, complainant Anil Chauhan, in the presence of the witnesses, produced the relevant documents, i.e. the partnership deed of M/s King Stone Mines & Minerals, Memo of Understanding, photo copy of agreement No. D478247 of JCB machine, dated 12.8.2021, statement of bank account of INDUSIND , w.e.f. 1.12.2021 to 31.12.2021, and statement of account of PNB, w.e.f. 26.11.2021 to 30.11.2024, which were taken into possession. 6.3 It is the further case of the Police that as per the Memorandum of Understanding, partnership deed of M/S King Stone Mines & Minerals, complainant was having 50% share, whereas, applicants Abhishek Rana and Anita Rana were having 25% shares, each. 6.4 As per the further case of the Police, on 15.4.2021, complainant Anil Chauhan, applicants Abhishek Rana and Anita Rana had signed the partnership deed and MOU, in the presence of Mahinder Chauhan and Rajesh Mandhotra, Advocate. Thereafter, the applicants, Abhishek Rana and Anita Rana had decided to start the stone crusher. As per the scheme of the Government, they had decided to purchase the JCB Machine. Since, the said scheme was applicable to the person, who has not completed the age of 45 years, applicants Anita Rana and Abhishek Rana decided to purchase the machine, in the name of Abhishek Rana. 6.5 It is the further case of the Police that the complainant and applicants Abhishek Rana and Anita Rana moved the file and it was decided that the said JCB machine would be purchased on installments and the said installments would be paid from the bank account of M/s King Stone Mines & Minerals. As per the agreement, said machine was owned by Abhishek Rana, but the same would be the property of M/s King Stone Mines and Minerals and three partners would have ownership right over it. 6.6 During investigation, it has been found from the bank account of complainant Anil Chauhan that on 14.12.2021, a sum of Rs. 7,00,000/- was deposited in the bank account of applicant Abhishek Rana, as margin money. Thereafter, on various dates, complainant Anil Chauhan has deposited a sum of Rs. 17,02,725/- in the loan account of JCB machine. 6.7 It is the further case of the Police that work of installation of Stone Crusher continued till July, 2024, and thereafter, the work was stopped. Due to this fact, the installment could not be deposited, upon which, the complainant, with the consent of Abhishek Rana deputed the said machine at Rohru, from where they were getting the work to use the machine. Thereafter, the complainant is stated to have brought the JCB machine to Shimla, deputed the same on work and started to deposit the installments. Since, M/s King Stone Mines & Minerals owes money to various persons, as such, a number of persons gathered there. Thereafter, the complainant is stated to have brought the JCB machine to Shimla, deputed the same on work and started to deposit the installments. Since, M/s King Stone Mines & Minerals owes money to various persons, as such, a number of persons gathered there. However, applicant Abhishek Rana allured those persons and took them into confidence. Thereafter, applicants Abhishek Rana and Kamlesh Kumar had taken away the JCB machine to Chandigarh. 6.8. It is the further case of the Police that on 25.3.2025, the applicants have joined the investigation and applicant Abhishek Rana has produced the copies of Invoice and Insurance of JCB machine, which, as per the status report, were taken into possession. As per the invoice of the said JCB machine, the same was in the name of applicant Abhishek Rana. It is the further case of the Police that the said JCB is yet to be recovered. 6.9. In the status report filed on 4.4.2025, it has been mentioned in the status report that on 1.4.2025, the spot was visited and the spot map was prepared. Thereafter, the complainant produced the original agreement, which was executed between the complainant and applicant Abhishek Rana, which was also taken into possession. On 2.4.2025, the specimen signatures of applicant Abhishek Rana were also stated to be obtained by producing him, before the Court of learned JMFC, Nahan. It has also been asserted in the status report that recovery of the JCB Machine is yet to be effected. Consequently, the matter was adjourned for today. 6.10. Today, the fresh supplementary status report has been filed, disclosing therein, that recovery of the JCB machine has been effected and the JCB machine alongwith the requisite documents, was taken into possession by the Police. Lastly, it has been pleaded that now, no recovery is to be effected from the applicants. 6.11 As such, a prayer has been made to dismiss the application. 7. The role, allegedly played by the applicants, in the commission of offences, will be proved during the trial. At the time of deciding the bail applications, 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. 8. 7. The role, allegedly played by the applicants, in the commission of offences, will be proved during the trial. At the time of deciding the bail applications, 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. 8. The application cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicants are presumed to be innocent, till the conclusion of the trial. 9. 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. Consequently, applications are liable to be allowed and the interim orders dated 20.3.2025, passed in all the aforesaid applications, are liable to be made absolute. As such, the interim orders, as aforesaid, are made absolute. Applicants, in the event of their arrest, are ordered to be released on bail in case FIR No. 20 of 2025, dated 18.3.2025, under Sections 3(5) and 316(2) of BNS, registered with Police Station, Pachhad, District Sirmur, H.P., on their furnishing personal bond(s) in the sum of Rs. 50,000/-,each, with one surety, each, in the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions:- a) That the applicants shall join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That the applicants shall not leave India, without prior permission of the Court. c) That the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Investigating Officer or the Court. d) That the applicants shall make themselve available for the purpose of interrogation, if so required and 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. 10. 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 case, as these observations, are confined, only, to the disposal of the present bail applications. 10. 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 case, as these observations, are confined, only, to the disposal of the present bail applications. 11. The applicants are directed to move regular bail applications, when, charge sheet will be filed in the Competent Court of law. 12. 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 applicants.