Roop Singh vs State Of H.P

Satyen Vaidya, J

By way of instant petition, petitioner has prayed for grant of pre -arrest bail in case FIR No. 275 of 2021 dated 1.9.2021, registered under Sections 420, 467, 468, 471 of IPC at Police Station, Balh, District Mandi, H.P.

The petitioner was admitted on interim bail on 1.9.2022 and thereafter, the petitioner has joined the investigation.

Respondent State has filed the fresh status report today. The allegation against the petitioner is that he along with one Kamal Kishor has cheated the complainant’s husband and brother-in-law under the garb of some transactions pertaining to sale and purchase of property. The status report filed today reveals that after registration of the case and during investigation, the present petitioner has returned the entire disputed amount to the complainant and as far as the money transaction is concerned, now nothing is payable to the complainant by the petitioner. As per status report, now no further recovery is required to be effected from the petitioner.

It is evident from the status report that entire preliminary investigation has been completed and now there is no requirement of petitioner for custodial interrogation. Nothing is to be recovered from the petitioner. The prayer of petitioner for pre-arrest bail cannot be denied in the given facts and circumstances of the case merely on the apprehension that the petitioner is a clever person. As noticed above, entire disputed amount has been returned by the petitioner to the complainant.

The allegations against the petitioner are subject to proof. He cannot be detained in custody without proof of allegations against him. The trial of the case is likely to take some time. No fruitful purpose shall be served by allowing the petitioner to be kept in custody otherwise also till conclusion of the trial, otherwise also, pre-trial incarceration is not the rule. The petitioner is permanent resident of Village Bagla-Dauhandi, P.O. Nagchalla, Tehsil Balh, District Mandi, H.P. and there is no likelihood of his absconding from the course of justice. No criminal antecedents have been attributed to the petitioner.

In view of peculiar facts and circumstances of the case, petition is allowed and in the event of arrest of the petitioner in case FIR No. 275 of 2021 dated 1.9.2021, registered under Sections 420, 467, 468, 471 of IPC at Police Station, Balh, District Mandi, H.P., he is ordered to be released on bail, on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount, to the satisfaction of Investigating Officer/Arresting Officer. This order shall, however, be subject to the following conditions: -

i) That the petitioner shall join the investigation as and when required to do so.

ii) That the petitioner shall not tamper with the prosecution evidence in any manner whatsoever.

iii) That the petitioner shall 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 from disclosing such facts to the Court or to any police officer;

iv) That breach of any of the bail condition by the petitioner shall entail cancellation of the bail.

v) That the petitioner shall not leave India without prior permission of the Court.

Any observation made herein above 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 herein above.