Prem Lata vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner seeks bail in FIR No. 34 of 2021, dated 17.03.2021, registered at Police Station Palampur, District Kangra, H.P. under Sections 420, 468,

471 and 120-B of the Indian Penal Code.

Interim protection was granted to the petitioner vide order dated 24.04.2021 subject to the terms and conditions mentioned therein.

Prosecution case in nutshell is that :-

2(i) On 06.02.2021, an application was received by the Deputy Superintendent of Police Palampur from the Sub Divisional Magistrate Palampur

informing that out of 4000 vehicles, registered by the Registering Authority w.e.f. 01.04.2020 till date, 112 BS-IV vehicles were found to be registered

by submitting the documents of BS-VI vehicles.

The preliminary inquiry found that License Clerk-Cashier had made forged/manual entries with mala fide intentions. As per Ministry of Road

Transport and Highways (MORTH) guidelines, no BS-IV vehicle could be registered, if sold after 31.03.2020. Notices were issued to these vehicle

owners, but only two owners replied to the same.

2(ii) A team constituted by the Superintendent of Police to verify the facts, found that out of 112 vehicles, the names and addresses of 70 vehicle

owners were incorrect. Thus, it appeared that fake documents were presented for registration of vehicles. Hence, a case was registered under

Sections 420, 468, 471 and 120-B of the Indian Penal Code against the vehicle owners, license Clerk and various others.

2(iii) The investigation further revealed that the process followed for registration of vehicles involves presentation of vehicles in the Registration

Office, submission of Form Nos. 20, 21, 22, vehicle invoice, Insurance Policy, Temporary Registration Certificate and address proof etc. The

Registration Clerk traces the Chassis number, verifies it and checks all the submitted documents. The vehicle dealing company provides the

homologation data online to the Registration Office which is synced by the registration clerk and the vehicle is registered.

2(iv) The police seized the relevant record from the office of Sub Divisional Magistrate and on the basis of this record, carried out further

investigation. A Special Investigation Team (SIT) interrogated one Randeep at Gurgaon, who had registered his BMW vehicle on forged documents.

He revealed that he bought the vehicle from Ecos-I Mobility and Hospitality Pvt. Ltd. Kapasehda, Delhi. The company employee namely Safi Ahmad

was investigated and he disclosed that one Chandigarh resident, Deepak Kumar, gets the registration done in the State of Himachal Pradesh.

2(v) The police team visited Chandigarh to interrogate Deepak Kumar. Though he could not be traced, but on the basis of information received from

one informant, the officials learnt about one Pawan Kumar of Chandigarh. On inquiry, the said Pawan Kumar stated that he does the work of vehicle

registration and for carrying out work of vehicle registration in Himachal Pradesh, he avails the services of Arvind Kumar @ Bindu of Tehsil

Palampur, District Kangra, H.P. The investigation also revealed that since Pawan Kumar was illiterate, therefore, he used to take assistance of one

Anil Kumar for preparing fake documents, like bills, Adhar Card etc. required for registration of vehicle. Mobile, Printer etc. used for preparing forged

documents were also recovered from him.

2(vi) On the basis of information received from Pawan Kumar, Arvind Kumar was arrested on 07.03.2021. He got his statement recorded under

Section 27 of the Indian Evidence Act. It was revealed that he, in connivance with Ravinder Kumar, the Registration Clerk at S.D.M. Office

Palampur, registered some 30-40 vehicles on the basis of forged documents. 8 stamps/seals were also recovered from him.

2(vii) Arvind Kumar further revealed that he used to take help of Prem Lata @ Swati Rana (petitioner) to fill up Form No. 20 for registration of

vehicles. Prem Lata @ Swati Rana was interrogated by police. She stated that she was doing registration related work in the office of R&LA

Palampur since 2012. During the year 2020, Arvind Kumar gave her files to fill up forms for registration of new vehicles. During the year 2020 and

2021, she filled up 46 numbers of Form 20 for fake registration and out of these, she forged/appended the signatures of vehicle owners on 8 forms.

She used to do this job in lieu of money.

2(viii) During interrogation, Ravinder Kumar statedly disclosed that he was License Clerk at RLA branch cash counter since 01.11.2019 till January,

2021. He knew very well the entire process of registration, including the documents required for the same. He knew Arvind Kumar due to his work.

As a License Clerk, his job was to check the file and to verify by putting his signatures at the end if the documents were in order. Relevant data is

then recorded in the Parivahan/Vahan software, fee is deposited and then the file is sent to the office Superintendent for verification. He further

stated that since he was well aware of the process of registration of vehicles, which are purchased by the persons from outside the State, therefore,

Arvind Kumar used to give him only such files for registration. During August, 2020, Arvind Kumar asked him for registration of expensive BS-IV

vehicles bought in other States, which could not be otherwise registered as per Government of India guidelines, in return for commission. Thus, he

prepared fake documents of BS-IV and BS-VI vehicles for 109 vehicles and manually entered Chassis numbers in the software, for which he charged

separately. When this fraud came to the notice of RLA, Palampur, a show cause notice was served upon him, in reply to which he accepted the

charges. Same was reiterated by him during police investigation.

Learned counsel for the petitioner submitted that the petitioner has nothing to do with the alleged offences and has been falsely implicated.

Petitioner is ready and willing to furnish bail bonds and surety and would further undertake to join the investigation as and when required by the

investigating agency.

Learned Additional Advocate General submitted that petitioner joined the investigations on 26.04.2021 and 30.0-4.2021 in compliance to the interim

protection granted to her vide order dated 24.04.2021. He also submitted that during investigation, the petitioner accepted that she had filled up Form

No. 20 in 46 files and in 9 files, she had also herself put up signatures of owners and that no further details were divulged by her. It was further urged

that if enlarged on bail, the petitioner can inform the other vehicle owners thereby affecting the investigation by helping the other accused persons to

flee.

I have heard learned counsel for the parties and gone through the status report as well as the documents placed on record. It is not in dispute that

pursuant to the interim protection granted to the bail petitioner, she has joined the investigation and is cooperating the investigating agency. As per the

submissions made by learned counsel for the petitioner, the petitioner had stated during investigation that she was only a facilitator in filling up the

forms. She had filled some forms and wrote the names of applicants on the forms, but not in the capacity of the owners and that she did not

append/put their signatures. The bail petitioner had statedly mentioned that whatever work she did, it was at the behest of Arvind Kumar for which

she was paid. The investigating agency in the status report has failed to clarify as to what additional information is required to be obtained from the

petitioner, which can be obtained only by keeping her in custody. The entire case revolves around documentary evidence. The documents are in

possession of the investigating agency. The investigation is almost complete insofar as the petitioner is concerned. It is also not the case of the

investigating agency that the petitioner tried to influence the witnesses or tampered with the prosecution evidence while availing the interim protection

granted to her. The petitioner is a lady, aged 29 years and is a local resident of Village and Post Office Bhaura, Tehsil Palampur, District Kangra,

H.P. Her presence during the trial can be ensured by imposing stringent conditions. Considering all the above aspects, including the role allegedly

played by the petitioner, I do not see that any significant object will be achieved by keeping the petitioner behind bars, more so in the current COVID-

19 pandemic. Her custodial interrogation is not required in the facts and circumstances of the case. Accordingly, the interim protection granted to the

petitioner vide order dated 24.04.2021 is made absolute subject to the following conditions:-

(i). The petitioner is directed to join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with

law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with

the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of

the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by any of the observations made above.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.