Anshuman Krishnan vs State Of Himachal Pradesh

Virender Singh, J

Applicant-Anshuman Krishnan has filed the present application, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), with a prayer to direct the SHO/Investigating Officer of Police Station Parwanoo, District Solan, H.P., to release him on bail, in the event of his arrest, in case FIR No. 0010 of 2022, dated 13th January, 2022, registered under Sections 403, 405, 406 and 420 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Parwanoo, District Solan, H.P.

According to the applicant, he is the permanent resident of the address, as mentioned in the application, and, has falsely been implicated, in this case, by the police.

The applicant has received a notice, under Section 91 CrPC from Police Station Parwanoo. The said notice was duly replied by him. Now, he is apprehending his arrest in the above-mentioned case.

Asserting the fact that he is having deep roots in the society, the further case of the applicant is that he is innocent and has nothing to do with the offences, mentioned in the FIR.

Apart from this, learned counsel for the applicant has given certain undertakings, for which, the applicant is ready to abide by, in case, any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisions of Section 438 CrPC.

The applicant, as per the stand taken in the petition, has also moved the petition, under Section 482 CrPC, before this Court, which is stated to be pending adjudication, and is listed on 28th June, 2023.

On the basis of the above facts, a prayer has been made by the learned counsel appearing for the applicant, to allow the application.

When put to notice, the police has filed the status report, on 12th June, 2023, disclosing therein that on 13th January, 2022, they received a complaint from M/s. Anil Kalta Brother’s and Co., for lodging FIR against Anshuman Krishanan (applicant), on the ground that the said Anshuman Krishanan (applicant) approached him in the month of July, 2019, with a request to purchase apples boxes and told that the payment will be made immediately after the consignment will reach its destination. As per the assurance given by the applicant, the complainant sent the first consignment on 20th July, 2019.

8.1. As per the complainant, with effect from 20th July, 2019 to 31st March, 2020, he has maintained the accounts in respect of each and every transaction with respect to the date, description, debit, credit and balance etc. According to the complainant, he had sent consignment worth Rs. 2,79,30,560/- to the applicant and received only a sum of Rs. 2,18,50,000/- from him. The applicant is stated to have dishonestly retaining a sum of Rs. 60,80,557/- with him. The complainant had requested the applicant to make the balance payment, but, despite various assurances given by the applicant, he did not make the payment.

8.2. On the basis of the said complaint, the police registered the FIR and the criminal machinery swung into motion. During investigation, the documents pertaining to the sale of the apple boxes by complainant-Anil Kalta were taken into possession.

8.3. It is the case of the police that the applicant has been directed, vide notice, under Section 91 CrPC, dated 22nd April, 2023, to join the investigation, but, he has not associated the investigation.

8.4. However, in pursuance of the order, dated 26th May, 2023, the applicant appeared before the police and he was associated in the investigation.

8.5. As per the status report, in the year 2019, the complainant had sold apple boxes worth Rs. 2,79,30,560/-, to the applicant, out of which, the applicant has paid Rs. 2,18,50,000/-, however, he has not paid an amount of Rs. 60,80,557/-.

8.6. Thereafter, supplementary status report was again filed by the police on 19th June, 2023, in which, it has specifically been mentioned that the applicant is not making the payment of the remaining amount, on the count, that the apples purchased by him were found to be rotten.

8.7. It has been mentioned that despite the specific directions, the applicant is not associating himself in the investigation of the case.

In the status report, which has been filed on 23rd June, 2023, it has been mentioned that although, the applicant has joined the investigation, but, he has shown his reluctance to pay a sum of Rs. 60,80,557/-, on the ground that the apple boxes, which were purchased by him, were found to be rotten.

On the basis of the above facts, a prayer has been made to dismiss the application.

In pursuance of the direction issued by this Court, the applicant has joined the investigation.

In all the status reports, which have been filed, in this case, there is no iota of averment, that the custodial interrogation of the applicant is required, in this case. In the absence of any averment, the bail application cannot be rejected, as a matter of punishment, as, the dismissal of the application would result in the confinement of the applicant in the police/judicial custody.

The role allegedly played by the applicant, in the commission of the alleged crime, will be proved during the trial. The pre-trial punishment is prohibited under the law.

Considering all these facts, this Court is of the view that the relief, which has been granted to the applicant, vide order, dated 26th May, 2023, is liable to be confirmed. Consequently, interim order, dated 26th May, 2023, is made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 0010 of 2022, dated 13th January, 2022, registered under Sections 403, 405, 406 and 420 IPC, with Police Station Parwanoo, District Solan, H.P., on his furnishing personal bond, to the tune of Rs. 25,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. The bail is granted, 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;

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.

The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law.

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.