Ranjit Singh vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case

FIR No.07 of 2019, dated 2.10.2019, under Sections 420, 406, 467, 468, 471 and 120-B of the Indian Penal Code, registered in P.S. S.V. & ACB,

Solan, H.P.

As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of

the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by

keeping him behind the bars for an unlimited period, so he be released on bail.

Police report stands filed. The prosecution story, as emanates from the records, is that on 2.10.2019, a complaint of Shri Vikram Singh, addressed to

AD & GP Vigilance, SV & ACB, has been received in Police Station against Subey Singh, Aman, Sushil, Sanjeev, Ranjit Singh (petitioner herein),

Hardeep Barar and Sukhbir (M.D Hinduja Finance Company) alleging therein that some people are roaming in the area, who are inducing people of

the area to get vehicles financed and vehicles will be engaged in Companies at Punjab and Haryana. They are cheating innocent people of the area

and they got vehicles financed from different finance companies. Vehicles were taken to Punjab and Haryana, then vehicles were registered falsely in

Punjab and Haryana. In the month of December, 2018, complainant met Subey Singh in Solan, who was accompanied by Aman alias Raman, Sushil

and two other persons. Those persons told him that they used to get vehicles engaged in companies and that would fetch monthly income to the tune

of Rs.30,000/- to Rs.35,000. He was also asked to get vehicle financed and was allured that all expenses including margin money would be paid by the

company thereafter, vehicle would be engaged in some company or Government office on monthly rent and compromise deed would be executed and

he would get monthly income. In the month of January, 2019, Raman alias Aman and Subey Singh telephonically asked him to bring his Adhar Card

and PAN card. On 13.1.2019, at 7:00 a.m, he again received call of Raman, who disclosed that his vehicle is approved and delivery of vehicle would

be taken today itself. The complainant refused, then Rakesh, employee of Cholamandlam Finance, Raman alias Aman, Susheel and Subey Singh,

came in a vehicle bearing registration number of Punjab to Taar factory near his house and asked him either to get the vehicle delivered through

Finance Company or to return Rs.25,000/- of processing fee. On 13.1.2019, the complainant went with Raman alias Aman, Subey Singh and Rakesh

to Goyal Motors at Deonghat and vehicle was delivered, they prepared his documents. They had taken his vehicle and he was given rupees one lac

towards initial installments, which he deposited with Cholamandlam Finance Company. They told him that agreement would be made within one week.

After one week, they again came, called him to Goyal Motors, obtained his signatures and took away original documents of the vehicle. He was told

that agreement of all vehicles would be made in one day at Solan, when the requirement of their company of vehicles was satisfied. Then, he came to

know that those persons are of criminal nature and earlier also committed fraud with many persons. He then contacted Hardeep Barar regarding

registration of vehicle. He and Madhu Sharma were called to Panchkula, where stamp papers were purchased in their names and obtained signatures

on blank stamp papers. Copies of their Adhar Card and PAN Card were also obtained. He was also told that this agreement with company would be

made at Solan, but they had not come. When he made inquiry, he alongwith Madhu Sharma was called to Dharampur by Sukhbir and Hardeep Barar

and his signatures were obtained on blank cheque being taken as security and assured to return the cheque after registration of the vehicle. When, he

visited RLA Solan, for registration of vehicle on 4.9.2019, he was surprised to know from employees of RLA Office that his vehicle is already

registered in Punjab, bearing registration No.PB-65AU-9140, when he checked his mobile, he found message in that regard. He then contacted those

persons and inquired regarding registration, asked them to bring the vehicle to Solan, then he was threatened. After that they again committed fraud

with him, when he received message in his mobile and came to know that his cheaue of bearing No.754447, which was obtained by Sukhbir and

Hardeep Brar from him fraudulently presented by one Vimal Kalra, for a sum of Rs.8,75,000/-. He alleged that some other finance companies like

Hinduja Finance are also involved in these transactions. In this regard, police also received complaints from Jaswant Singh, Madhu Sharma, Sohan Lal,

Surender Singh against Subey Singh, Raman alias Aman, Sushil, Ranjit Singh, Hardeep Barar, Sukhbir, Sohan Lal and Rakesh employee of

Cholamandlam and on verification, allegations were found correct. During investigation, on 3.10.2019, obtained record of the vehicles from companies

from where delivery of vehicles was obtained. Police recovered one vehicle bearing No.HP- 65T-2034 from Pinjore Kalka By-pass near Vegetable

Market, Parwanoo, which was being driven by Amit Kumar. The vehicle was taken into possession. As per the documents, the vehicle was

purchased in the name of Sohan Lal on 19.12.2018. It was disclosed by Amit Kumar, during interrogation that his real brother Aman, Ranjit Singh

(petitioner herein), Pradeep and Vimal Kalra used to allure people in Himachal Pradesh that their vehicles would be engaged in companies and they

would get monthly income and in lieu of that, got vehicles financed in their names, vehicles were taken to Punjab and Haryana with them by paying

margin money and other expenses and thereafter vehicles were sold further to other persons. Thereafter, the investigation ensued and all the codal

formalities were completed by the police. After completion of investigation, police presented the challan before the learned Trial Court. Lastly, it is

prayed that the bail application of the petitioner be dismissed, as the petitioner is involved in a serious offence, and there is every possibility that in case

at this stage he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.

I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the

police report, carefully.

The learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He has argued that the

petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He

has further argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, as the custody of the

petitioner is not at all required by the police, investigation is complete and challan stands presented in the learned Trial Court.

On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, he is enlarged on

bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be

dismissed.

In rebuttal, the learned counsel for the petitioner has argued that in the wake of the manner in which the offence is alleged to have been committed

by the petitioner, the fact that he is local resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee

from justice and also considering the facts that investigation is complete, even challan stands presented in the learned Trial Court and custody of the

petitioner is not at all required, so the present bail application may be allowed and the petitioner may be enlarged on bail.

Heard. At this stage, considering the way and the manner in which the offence is purportedly committed by the petitioner, the facts that he is

resident of the place, thus neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. Moreover, the petitioner

cannot be kept behind the bars for an unlimited period and also considering the facts that the investigation is complete, even the challan stands

presented in the learned Trial Court and also considering the overall facts, which emerge from the records, and without discussing the same

elaborately at this stage, the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour.

Under these circumstances, it is ordered that the petitioner be released on bail, in this case FIR No.07 of 2019, dated 2.10.2019, under Sections 420,

406, 467, 468, 471 and 120-B of the Indian Penal Code, registered in P.S. S.V. & ACB, Solan, H.P., on his furnishing personal bond to the tune of

Rs.50,000/- (rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to

the following conditions:

i. That the petitioner will join investigation of case as and when called for by the Investigating Officer in accordance with law and will appear before

the Court.

ii. That the petitioner will not leave India without prior permission of the Court.

iii. That the petitioner will 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/her from disclosing such facts to the Investigating Officer or Court.

In view of the above, the petition is disposed of.

Copy dasti.