Sanjay Kumar vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 84 of 2012 dated 8.9.2012 registered at Police Station, Chowari, District Chamba, under Sections 409, 420, 465, 467 and 511 IPC. It has been stated that the petitioner is working as Panchayat Sahayak at Gram Panchayat, Gola, Block Chowari, District Chamba for the last three years. The above FIR has been registered against the petitioner on the allegations that the petitioner issued a cheque unofficially and there were cuttings in the counter-foil which has resulted in embezzlement and forgery. The allegations are of misappropriation of public funds, however, even a single penny has not been withdrawn by the petitioner on the basis of alleged cheque. The petitioner has been falsely implicated in the case.

The application moved by the villagers was not signed by any of the villagers but despite that the Block Development Officer took cognizance and FIR has been registered. The allegations have been made in order to harass the petitioner. On account of registration of the case, the petitioner apprehends his arrest in the above case.

The petitioner is a respectable person in the Society. The petitioner is permanent resident of the place mentioned in the petition. The petitioner is ready to join the investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that the case has been registered in pursuance of letter No. 11480 dated 19.7.2012 of Superintendent of Police, Chamba. It has been stated that the petitioner on 8.12.2010 issued two cheques total amounting to Rs. 6,250/- on account of honorarium of President and salary of Chowkidar and stationery. The Pradhan vide resolution No. 5 dated 8.12.2010 gave the authorization. The amounts of above cheques have however not been drawn from the bank.

It has come in the inquiry report that petitioner had made interpolations in the counter-foils of the cheque and day book, on this case has been registered. The record has been taken into possession. The investigation in the case is in progress. The specimen signature, handwriting and admitted handwritings of the petitioner are to be obtained. It has been stated that the petitioner is clever and he will influence the witnesses in case he is released on bail, he will also hamper the investigation. The submission has been made for rejection of the bail application.

Heard and perused the record. The allegations against the petitioner are that he tampered the counter-foils of the cheques and day book. However, it is also the case of the investigating agency that no amount on the basis of cheques in question was withdrawn from the bank. The petitioner has joined the investigation. The case against the petitioner appears to be documents based. There is no allegation that the petitioner is not cooperating in the investigation or he will not be available for trial. The allegations in the status report that the petitioner is a clever person and in case he is released on bail he will hamper the investigation, influence the prosecution witnesses are vague and not supported by corroborative material. In these circumstances, the petitioner has made out a case for grant of bail u/s 438 Cr.P.C.

In view of the above, the petition is allowed. In the event of arrest of the petitioner in FIR No. 84 of 2012 dated 8.9.2012 registered at Police Station, Chowari, District Chamba, under Sections 409, 420, 465, 467 and 511 IPC, he be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that the petitioner shall continue to join the investigation as and when called by the Investigating Officer and shall not influence, overawe or terrorise the prosecution witnesses in any manner and shall maintain absolute peaceful and lawful conduct during the pendency of the case. He shall cooperate in the investigation including giving of specimen signatures and handwritings if required by Investigating Officer. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.

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