Mahesh Gupta vs State of H.P.

Kuldip Singh,Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No.170/2011 dated 08.08.2011, registered at Police Station,West, Shimla, under Sections 419, 465, 467, 468, 471, 494, 120-B IPC and u/s 12 of Passport Act, 1967.

It has been stated that allegations against the petitioner are that in the capacity of the President, Gram Panchayat, Dharmapur, he has issued a false character certificate in favour of Saurav Tandon and Saneh Tandon to enable them to prepare a passport.

It has been stated that Saurav Tandon got entered the name of Saneh as his wife in the year 2002 and daughter Tavisha in 2003. On the basis of this entry, the petitioner issued character certificate that Saurav Tandon is a resident of his Panchayat and is bearing a good character and has no connection with any political party. He has no criminal record in the Panchayat as per Panchayat record. The petitioner has been falsely implicated in the case, he has committed no offence. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioner on bail u/s 438 Cr.P.C.

The status report has been filed in which it has been stated that the case has been registered on the basis of complaint dated 08.08.2011 of Munish Gupta, who stated that the complainant married Saneh Gupta and daughter Tavisha Gupta was born. It has been stated that they have been kidnapped on 06.08.2011 by Saurav Tandon, who managed to get fake passports in the names of Saneh Tandon and Tavisha Tandon. It has been stated that it has come during investigation that Sushil Kumar Sood, construction Supervisor in the Panchayat, disclosed that on 08.07.2011, Secretary, Gram Panchayat, Dharampur, was not present in the Panchayat. On the direction of Mahesh Gupta, President, Gram Panchayat, Dharampur, he entered the names of Kumari Tavisha and Smt. Saneh Tandon in the parivar register of Saurav Tandon. Mahesh Gupta entered the names of Tavisha,Saneh and grandmother in the ration card of Saurav Tandon and put the seal and signed the same. This has been corroborated by Narender, Secretary, Gram Panchayat, Dharampur. Mahesh Gupta got the false entries made in the Panchayat record of Saneh Tandon and Tavisha Tandon. The seal of President, Gram Panchayat, Dharampur and specimen handwritings and signatures of Mahesh Gupta are to be taken. In order to find out the truth, custodial interrogation of the petitioner is required. The prayer has been made for rejection of the bail application.

I have heard learned counsel for the parties and have also gone through the record. It has been stated by learned Additional Advocate General that there are in all four accused namely Mahesh Gupta, Saurav Tandon, Saneh and Budhi Prakash. The last three have been released on bail on different dates by different Courts. It has been submitted by learned counsel for the petitioner that as per prosecution case, the petitioner has made entries in the Panchayat record on the basis of certificate issued by Budhi Prakash. It appears the case against the petitioner is documents based. The recovery of seal of President, Gram Panchayat, Dharampur, along with signatures and handwritings of the petitioner can be made by the Investigating Agency even when the petitioner is on bail. It has not been stated in the status report that the petitioner is not co-operating in the investigation. The other three accused have already been released on bail. The petitioner has made out a case for grant of bail u/s 438 Cr.P.C.

In these circumstances, application is allowed and in the event of arrest of petitioner in FIR No.170/2011 dated 08.08.2011, registered at Police Station,West, Shimla, under Sections 419, 465, 467, 468, 471, 494, 120-B IPC and u/s 12 of Passport Act, 1967,the petitioner be released on bail on his furnishing personal bond in the sum of `25,000/-with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that petitioner shall co-operate in the recovery of seal of President, Gram Panchayat, Dharampur and shall also give his signatures and handwritings in accordance with law as and when directed so by the Investigating Officer. The petitioner shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner.

The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case.