Rahul Sharma Aged About 35 Years vs State Of Himachal Pradesh
2022 Latest Caselaw 3383 HP

            IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                        ON THE 13th DAY OF MAY, 2022
                                  BEFORE
             HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
           CRIMINAL MISC. PETITION (MAIN) NOS.611 AND 879 OF 2022




                                                                                                       .

              Between:-

                 1.           CRIMINAL MISC. PETITION (MAIN) NO.611 OF 2022





                 ABHISHEK NEGI, AGED 32 YEARS, S/O DANDUP WANGYAL,
                 R/O MUHAL RARANG, VILLAGE KUTIAN, POLICE CHOWKI
                 MORANG, TEHSIL MORANG, DISTRICT KINNAUR, H.P.

                 (BY MR. HAMENDER SINGH CHANDEL, ADVOCATE)





                 2.           CRIMINAL MISC. PETITION (MAIN) NO.879 OF 2022

                 RAHUL SHARMA AGED ABOUT 35 YEARS, S/O SH. SURESH
                 CHANDRA SHARMA R/O MISHRAN GALI NEAR RAM MANDIR,

                 PRADESH.

                 MUSRAN, TEHSIL AND DISTRICT HATRHAS,       UTTAR

                                                                                                ...PETITIONERS

                 (BY MR. RAMAN PRASHAR AND MR. VIRENDER SINGH
                 KANWAR, ADVOCATES)



                 AND

                 STATE OF HIMACHAL PRADESH




                                                                                                ...RESPONDENT





                 (BY MR. SHIV PAL MANHANS, ADDL. ADVOCATE GENERAL
                 AND MR. BHUPINDER THAKUR, DEPUTY ADVOCATE
                 GENERAL)





                 1
                     WHETHER APPROVED FOR REPORTING? Yes.
                This petition coming on for orders this day, Hon'ble Mr. Justice
    Chander Bhusan Barowalia, passed the following :

                                                            ORDER

The present bail applications have been maintained by

the petitioners, under Section 438 of the Code of Criminal Procedure

seeking their release in case FIR No.8/2021, dated 17.7.2021, under

Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

Sections 420, 409, 465, 467, 468, 471, 472 and 120-B of the Indian

Penal Code, registered at Police Station, CID Bharari, Shimla, H.P.

2. As per the averments made in the petitions, the

.

petitioners are innocent and have been falsely implicated in the

present case. They are permanent residents 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 them

behind the bars, so they be released on bail.

3. Police report stands filed. As per the prosecution story,

Shri Makhan Singh (complainant) made a complaint before the police

alleging therein that he is Regional Manager, Regional Office, Solan,

Himachal Pradesh Gramin Bank, and duly authorized by the competent

authority to represent the case and submitted that Jitender Verma and

Sanjeev Kumar (accused persons and petitioners herein), committing

fraud by obtaining Bank loan on the basis of forged documents. They

are the brokers who helped in manipulating the documents. It is

further alleged in the complaint that as per the Banking norms for

obtaining the Bank loan, loanee has to submit his documents of land

and 'No Objection Certificate' from the concerned Patwari to the effect

that there is no loan against the property. After sanction, the loanee

has to create the charge by way of mutation in favour of the financing

Bank in case of KCC loan and in case of housing loan, loanee has to

create the charge on land and building by way of execution of

registered mortgage deed. The accused persons forged the signatures

of the Sub Registrar, Theog, by putting the forged stamps on the

documents, so that it may appear genuine and thereafter submitted

the same to the Bank concerned. By using the camera trick, the

photographs of the executants is also procured by forging the

document and also mentioned the fake registration number on all the

mortgaged deeds. After sometime, all the loan accounts became

.

irregular, as a result of which, Bank Officials issued notices/reminders

to pay the loan amount, but all the loanee did not care to pay the loan

amount with intention to cheat the Bank. Lastly, it is prayed that the

instant bail applications may be dismissed, as the petitioners have

committed a serious offence and in case, at this stage, if they are

enlarged on bail, they may tamper with the prosecution evidence and

may also flee from justice, so it is prayed that the instant bail petitions

may be dismissed.

4. I have heard the learned counsel for the petitioners,

learned Additional Advocate General for the State and gone through

the records, including the police report, carefully.

5. Learned counsel for the petitioners has argued that the

petitioners are permanent residents 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 them behind the bars. He has further argued that the

instant petitions may be allowed and the petitioners may also be

enlarged on bail.

6. On the other hand, learned Additional Advocate General

has argued that the petitioners have committed a serious crime and in

case, at this stage, if they are enlarged on bail, they may tamper with

the prosecution evidence and may also flee from justice, so it is

prayed that the bail applications of the petitioners may be dismissed.

7. In rebuttal, the learned counsel for the petitioners has

argued that the petitioners are permanent residents 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 petitioners are not at all required by the police for investigation.

The petitioners are joining and co-operating in the investigation, so the

present bail applications may be allowed.

8. At this stage, taking into consideration the facts that they

are residents of the place, neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice, they are

joining and co-operating 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 petitioners,

their custody is not at all required by the police for further

investigation and also considering 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

petitioners on bail, in the event of their arrest, in this case, is required

to be exercised in their favour. Under these circumstances, it is

ordered that the petitioners, in the event of their arrest, in case FIR No.

8/2021, dated 17.7.2021, under Sections 420, 409, 465, 467, 468,

471, 472 and 120-B of the Indian Penal Code, registered at Police

Station, CID Bharari, Shimla, be forthwith released on bail on their

furnishing personal bonds to the tune of `10,000/- (rupees ten

thousand only) each with one surety each in the like amount to the

satisfaction of the Investigating Officer. The bail is granted subject to

the following conditions:

i. That the petitioners will appear before the learned Trial Court/police/authorities as and when required.

.

ii. That the petitioners will not leave India without prior permission of the Court.

iii. That the petitioners 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 petitions are 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.

Copy dasti.

( Chander Bhusan Barowalia ) Judge

13th May, 2022 (CS)