Shantanu Jetali vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner has approached this Court for grant of bail under Section 439 of the Code of Criminal Procedure, in case FIR No. 12/2022, dated 18.01.2022, under Sections 420 & 201 of the Indian Penal Code (for short ‘IPC’), registered at Police Station Nalagarh, District Solan, H.P. Petitioner is in custody since 19.04.2022.

It has been averred on behalf of the petitioner that implication of the petitioner in the case is false. No offence has been committed by the petitioner. He was working only as an agent with the Company operating under the name and style of S.K. International run by one Sh. Ronak. The entire dealing of the complainant was with the aforesaid Company. The investigation of the case is complete and further custody of the petitioner is not going to serve any purpose. Petitioner is stated to be permanent resident of Plot No. 64, Set No. 202, Sector 47, Gurugram Haryana. He has undertaken to abide by all the conditions as may be imposed against him. Petitioner has further undertaken not to tamper with the prosecution evidence.

In response, status report has been filed on behalf of the respondent­State. It has been stated that a complaint was received from complainant Rajiv Kumar on 08.01.2022 at Police Station Nalagarh, District Solan, H.P., on the basis of which, FIR in question, was registered. It was alleged in the complaint that complainant had contacted on­line agent on 13.08.2021 for facilitating the visit of complainant to Germany. The agent was identified as the bail petitioner. It was further alleged that the bail petitioner cheated and thereby dishonestly induced the complainant to pay a sum of Rs. 22,78,400/­ as consideration in lieu of facilitating his visit to Germany. The matter was investigated. Petitioner was arrested on 18.04.2022 and remained in police custody from 19.04.2022 to 26.04.2022. Investigation is stated to have been completed and challan has been presented in the Court of competent jurisdiction. Petitioner is facing the trial.

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

It is not in dispute that after completion of investigation the challan has been presented in the Court of competent jurisdiction and petitioner is facing trial. There is no resistance to the bail application of the petitioner on the ground that petitioner is in a position to tamper with the prosecution evidence or his release on bail may prejudice the trial adversely.

The trial of the petitioner is likely to take considerable time before conclusion. The allegations against the petitioner are yet to be proved. Pre trial incarceration cannot be ordered as a matter of rule. No apprehension has been expressed on behalf of the respondent regarding any possibility of petitioner fleeing or absconding from the course of justice.

Petitioner is a permanent resident of Plot No. 64, Set No.202, Sector 47, Gurugram Haryana. During investigation, petitioner had associated himself with the investigating agency. It is not the case that petitioner had absconded after registration of the case. The purpose is to secure the presence of the petitioner for the purposes of trial, which can be achieved by imposing appropriate conditions.

No fruitful purpose is going to be achieved by prolonging the custody of the petitioner indefinitely.

In the peculiar facts and circumstances of the case, the petition is allowed and the petitioner is ordered to be released on bail, in case FIR No. 12/2022, dated 18.01.2022, under Sections 420 & 201 of I.P.C., registered at Police Station Nalagarh, District Solan, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/­ with one surety in the like amount which necessarily will be from a person who is permanent resident of State of Himachal Pradesh or is having immovable assets within the limits of State of Himachal Pradesh, to the satisfaction of learned trial court. This order shall, however, be subject to the following conditions:­

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

ii) Petitioner shall not tamper with the prosecution evidence, in any manner, whatsoever and shall not dissuade any person from speaking the truth in relation to the facts of the case in hand.

iii) Petitioner shall be liable for immediate arrest in the instant case in the event of petitioner violating the conditions of this bail.

(iv) Petitioner shall not leave India without permission of learned trial Court till completion of trial.

Any expression of opinion herein­above shall have no bearing on the merits of the case and shall be deemed only for the purpose of disposal of this petition.