Ram Babu Sharma vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

This petition has been filed under Section 438 of Code of Criminal procedure seeking anticipatory bail in FIR No. 90/2022, dated 20.4.2022, registered under Section 420 of Indian penal Code, at Police Station, West District Shimla.

The FIR against the petitioner was registered on the basis of a complaint lodged by one Shri Dev Raj Verma. The gist of the complaint was that complainant alongwith one Smt. Monika Verma was running a hotel by the name of ‘Hotel Grand White’. Both had 50% shares each in the hotel. They executed a Lease Deed for running the hotel for five years in favour of Ram Babu (bail petitioner) on 15.10.2020 for the amount specified therein. That Ram Babu had not paid the lease amount in accordance with the agreement. The security cheques allegedly issued by the bail petitioner to the complainant were also found to be false and forged. Certain other allegations have also been levelled by the complainant regarding non-compliance of the lease agreement and forged documents produced by the bail petitioner.

Interim protection was granted to the petitioner vide order dated 28.4.2022, subject to the conditions mentioned therein.

Learned counsel for the petitioner contended that the FIR has been registered against the petitioner on the basis of a complaint, nature of which is primarily civil. Learned counsel for the petitioner further submitted that civil suit No. 19 of 2022 filed by the complainant against the petitioner for recovery of the amount in question and civil suit No. 12 of 2022 filed by the petitioner against the complainant seeking possession of the hotel in question are pending adjudication before this Court. Learned counsel further submitted that the petitioner has complied with all the terms and conditions of the ad-interim bail order. He has joined the investigation and is fully cooperating with the investigating agency. Learned counsel submitted that the petitioner has not abused the liberty granted to him under the order dated 28.4.2022 and he will continue to abide by all the terms and conditions, which may be imposed upon him by the Court for confirmation of the ad-interim bail order.

Learned Deputy Advocate General has not disputed about the pendency of civil suits between the parties. Learned Deputy Advocate General has also submitted that the petitioner has joined the investigation and has been cooperating with the investigating agency.

In view of above submissions and also taking note of the mode and manner of the commission of the offence, the allegations levelled in the complaint and the FIR, the nature of dispute between the parties, the pendency of civil litigation between the parties, no fruitful purpose will be served by sending the petitioner behind the bar. Learned Deputy Advocate General also submitted that the custodial interrogation of the petitioner is not required at this stage, however, the petitioner be directed to continue to join and cooperate with the investigation.

For all the aforesaid reasons, the interim protection granted vide order dated 28.4.2022 is made absolute subject to following conditions:

(i) The petitioner shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency.

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

(iii) The petitioner shall not contact the complainant, threaten or browbeat her or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) 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 from disclosing such facts to the Court or any Police Officer;

(vi) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) The 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 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 above observations.

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