Dev Raj Kapta vs State Of Himachal Pradesh

Satyen Vaidya, J

Apprehending his arrest in case FIR No. 13/21, dated 26.10.2021, registered at CID Police Station Bharari, Shimla, District Shimla, H.P. under Section 420 of the IPC, the petitioner has approached this Court for grant of pre-arrest bail by way of instant petition.

Allegations against the petitioner is that he is a commission agent in the trade of sale of fruits especially apple. Petitioner has cheated the complainants and has thereby induced them to deliver him their apple produce with intent not to repay them the sale consideration. It is alleged that a sum of Rs.95,875/- is payable by petitioner to Shri Mast Ram and a sum of Rs.4,00,465/- is due and payable by petitioner to Shri Gain Singh Chauhan.

The prayer for grant of pre-arrest bail has been opposed on the grounds that petitioner has not produced the record relating to the case and has also not repaid the amount due to the complainants. On such grounds the custodial interrogation of the petitioner is solicited.

I have heard learned counsel appearing for the petitioner and learned Additional Advocate General and have also gone through the records.

Petitioner was granted an interim order by this Court on 06.05.2022, whereby he was ordered to be released on bail in the event of his arrest in the above noted case. Petitioner was put to a specific condition that he would make available himself for investigation as and when required. There is no allegations that he has not joined the investigation as and when required by the investigating agency.

The nature of the allegations is in the realm of business transaction between the parties. Some amount is stated to be due from petitioner to the complainants. The offence, if any, committed by the petitioner is yet to be proved.

Custodial interrogation cannot be a mean to coerce the petitioner to pay the alleged amount to the complainants, which will amount to extracting a confession and such a recourse will not be lawful. There is no specific allegations that as to which document is required by the investigating agency from the possession of the petitioner and is not being made available by him.

Petitioner is permanent resident of Village Shallan, P.O. Pujarli No.2, Tehsil Rohru, District Shimla, H.P., and there is nothing on record to suggest that petitioner may abscond or flee from the course of justice after closing his business. No past criminal history has been attributed to the petitioner. I am of considered opinion that this is not a case where the custodial interrogation of petitioner is imminent.

In the peculiar facts and circumstances of the case, the instant petitions is allowed and in the event of arrest of petitioner in case FIR No. 13/21, dated 26.10.2021, registered at CID Police Station Bharari, Shimla, District Shimla, H.P. under Section 420 of the IPC, he shall be released on bail on furnishing personal bond in the sum of Rs.20,000/-with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer, however, subject to following conditions:-

(i) That the petitioner shall make himself available for investigation as and when required;

(ii) That the petitioner 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 him from disclosing such facts to the Court or to any police officer;

(ii) That the petitioners shall not leave India without prior permission of the Court;

However, it is made clear that the observations made hereinabove shall have no bearings on the merit of the case and shall be construed for the disposal of the present petition only.