Tilak Raj vs State Of Himachal Pradesh

Chander Bhusan Barowalia, J

The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the

event of his arrest, in case FIR No.79 of 2019, dated 27.03.2019, under Sections 420, 467, 468, 471 and 120B IPC, registered in Police Station Sadar

Mandi, District Mandi, 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 resident of the place

and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

Police report stands filed. As per the prosecution story, on 26.03.2019 police received a complaint wherein it was contended that people used to

invest through RD and FD in MGK Group of Company and when they asked for their investment, the petitioner, who runs the said company, refused.

Thus, the said company committing cheating and thereby usurped the hard earned money of the people. The complaint was signed by Smt. Bimla,

Smt. Pushpa and Smt. Pooja. On the basis of the complaint, police registered a case and the investigation ensued. The records of the said company

were looked into and relevant seizures of the same were made. The petitioner is now joining the co-operating in the investigation. The petitioner

revealed that in January, 2013, he met one Deepak Kumar, who told him that he is Manager of MGK Agriculture Holding Developer (India) Ltd.,

Ananadpur Sahib Branch and the head office of the company is at Moga. The said Deepak Kumar further told to the petitioner that company does the

work of sale of agriculture plot and there is investment plant through RD for which 12% commission is paid. The petitioner joined the said company

and was given agent code. As per the petitioner, he was not given any appointment letter or any authorization letter. The petitioner opened the office

of the company and also deputed some agents. The petitioner used to deposit the money received for RD and FD in the account of the company and

the receipts of deposit were used to be sent to Branch Office of the Company at Anandpur Sahib. Initially the company gave them Rs.13,500/- as

commission but later on it was increased to Rs.90,000/- per month. Afterwards, the petitioner got printed pamphlets, stamps etc. of the company and

he used to give receipts after stamping the same. It has come in the investigation that the petitioner alongwith one Rajinder Kumar without any licence

opened a company and cheated people. It has further come in the investigation that Rs. 30,00,000/- (rupees thirty lac) is yet to be recovered from the

petitioner. During the course of investigation, police recorded the statements of the witnesses. As per the police, investigation in the matter is still going

on and in case the petitioner at this stage is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Lastly, the

prosecution has prayed that the petitioner was found involved in a serious offence and at this stage, his bail application may be dismissed, as the

investigation in the case is going on and there is possibility that in case he is enlarged on bail, he may tamper with the evidence and may also flee from

justice.

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

reports of the police, carefully.

The learned Counsel for the petitioner has argued that the petitioner is innocent and he is neither in a position to tamper with the prosecution

evidence nor in a position to flee from justice, as he is resident of the place, so he may be released on bail. He has further argued that the petitioner is

joining and co-operating in the investigation. Conversely, learned Additional Advocate General, has argued that the petitioner was found involved in a

serious offence and in case at this stage he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has

further argued that at this stage the petitioner may not be released on bail and his application be dismissed.

At this stage, considering the manner in which the offence is alleged to have been committed, the fact that the petitioner is joining and co-operating

in the investigation and he is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is resident of the

place and also considering the overall material, which has come on record, and without discussing the same at this stage, this Court finds that the

present is a fit case where the judicial discretion to admit the petitioner on bail, in the event of his arrest, is required to be exercised in his favour.

Under these circumstances, it is ordered that the petitioner be released on bail, in the event of his arrest, in case FIR No.79 of 2019, dated 27.03.2019,

under Sections 420, 467, 468, 471 and 120B IPC, registered in Police Station Sadar Mandi, District Mandi, H.P., on his furnishing personal bond to the

tune of `25,000/- (rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the Investigating Officer. The bail is

granted subject to the following conditions:

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

(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.