Rajnikant Panday vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is an accused in case registered vide FIR No. 168 of 2021, dated 06.09.2021, at Police Station, Sadar Shimla, District Shimla, H.P. under

Sections 420, 465, 467, 468, 471 and 120-B IPC. Petitioner is in custody since 08.09.2021.

Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C., in the above noted case, on the grounds that the complainant has

lodged a false complaint after having backed out from a contract for availing holiday package. The complainant has used the police machinery to

pressurize the petitioner for acceding to unjustified demands of complainant. It has been stated on behalf of petitioner that he is authorized

representative of a Company. His primary duty was to make bookings in the name of the Company and he used to share 42% of the profit amount in

one package with co-accused Arun Chaudhary. The indefinite detention of the petitioner shall not serve any useful purpose. The petitioner is ready

and willing to furnish personal and surety bonds as required in case of his release on bail. The petitioner has undertaken to abide by all the terms and

conditions as may be imposed. It has been contended on behalf of petitioner that he is not involved in any other criminal case till date.

In response, the status report has been filed. It has been stated on behalf of the respondent that petitioner alongwth other co-accused by use of

fraudulent means has committed acts of cheating and forgery etc. The petitioner and other co-accused have committed such offence by entering into

a criminal conspiracy. It is alleged against petitioner that he alongwith other co-accused have been duping various innocent persons of substantial

amounts of money on false pretext of providing them the holiday packages for long periods. During investigation, all the claims of petitioner and his co-

accused were found to be false. The investigation qua petitioner is stated to be complete. It is stated that a sum of Rs.4,75,000/- is still required to be

recovered from the petitioner and his co-accused. One of the accused in the case namely Rajesh Kumar Panday, who is uncle of petitioner is yet to

be arrested. The challan has already been presented in the Court of learned Chief Judicial Magistrate, Shimla on 30.11.2021.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the State and have also gone through the status report

and also the police file.

Petitioner is in custody since 8.9.2021. The investigation qua petitioner has already been completed and the challan has been filed in the Court.

Nothing is to be recovered from the petitioner. The Investigating Agency has already seized alleged incriminating material against the petitioner. It has

been stated by learned counsel for the petitioner at the Bar that petitioner has deposited a sum of Rs.1,40,000/- with the police as a matter of good-will

gesture only, though he does not admit his liability to pay anything to the complainant or any other person.

The allegations against the petitioners are yet to be proved. The trial of the case may take considerable time before conclusion. The pre-trial

incarceration cannot be ordered as a matter of rule. No fruitful purpose shall be served by keeping the petitioner in custody for indefinite period.

There is nothing on record to suggest that in case of release of petitioner on bail, the trial of the case shall be adversely affected. The apprehension

that petitioner may not flee from course of justice, can be taken care of by imposing appropriate conditions. No previous criminal history of the

petitioner has been alleged against him.

In the peculiar facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail in case registered

vide FIR No. 168 of 2021, dated 06.09.2021, at Police Station, Sadar Shimla, District Shimla, H.P. under Sections 420, 465, 467, 468, 471 and 120-B

IPC, on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lacs) with one surety in the like amount to the satisfaction of learned

Chief Judicial Magistrate, Shimla or any other Judicial Magistrate First Class, Shimla, H.P. This order is, however, subject to following conditions and

it is clarified that in case of breach of any of the conditions, the respondent shall be at liberty to approach this Court for cancellation of the bail granted

to the petitioner: -

i) That the petitioner shall surrender his passport before the learned trial Court, if not earlier surrendered before the said Court or any other authority.

ii) That the petitioner shall appear before learned trial Court on each and every date of hearing.

iii) That the petitioner shall not indulge in any criminal activity and in the event of breach of this condition, being made by petitioner, the bail granted to

the petitioner in this case, shall automatically be cancelled.

iv) That the petitioner shall not leave the territory of India without express leave of the Trial Court during the Trial.

v). That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and

shall not tamper with the prosecution evidence.

vi) That the petitioner shall regularly attend the trial of the case before learned Trial Court and shall not cause any delay in its conclusion.

Any observation made in this order shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observation made hereinabove.