The court emphasized the presumption of innocence, the importance of bail, and the need to balance factors while considering bail applications.

JUDGMENT

Sandeep Sharma, J. - Bail petitioners, who are in judicial custody, have approached this Court, by way of aforesaid petitions filed under Section 439 of Cr. PC, praying therein for grant of regular bail in case FIR No. 100/17 dated 22. 11. 2017, under Sections 420,467, 468 and 471 of IPC, registered at PS Kala Amb, District Sirmaur, H. P.

2. Sequel to order dated 31. 1. 2018, ASI Hem Raj, PS Kala Amb, District Sirmaur, H. P. , has come present along with records. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating agency.

3. Careful perusal of the record/status report made available to this Court, suggest that FIR, detailed hereinabove, came to be registered against the above named bail petitioners at the behest of the complainant namely Sh. Rupesh Kumar, Branch Manager, PNB Kheri, who alleged that cheque bearing No. 767529, dated 14. 11. 2017, amounting to Rs. 3 crores, purported to be issued by A. K. Traders in favour of M/s Spark NGO, was presented in the branch for clearance, however fact remains that on inquiry Sh. A. K. Panwar, proprietor of M/s A. K. Traders informed that no such cheque has been ever issued in favour of M/s Spark NGO. Since, M/s Spark Ngo obtained/managed the aforesaid cheque, complainant requested the investigating Agency to investigate the matter and file case against the culprits. During investigation, police took into custody the record pertaining to account No. 4503000100044775 and also interrogated Pardeep Kumar, who had been running the affairs of NGO, referred hereinabove. During investigating, Pradeep Kumar revealed that person namely Sh. Gurpreet Singh, had given him aforesaid cheque at Kala Amb. Police also interrogated Sh. Gurpreet Singh, who disclosed that person namely Sh. Amardeep Singh got him introduced to Dharamvir Singh, R/o of Delhi. On 24. 11. 2017, police arrested Gurpreet Singh, Amardeep Singh and Dharamvir Singh and since then they are behind the bars, whereas, Pradeep Kumar obtained anticipatory bail from the Co-ordinate bench of this Court i. e. Cr. MP(M) No. 1582 of 2017, which came to be confirmed on 4. 1. 2018. Persons named hereinabove have further disclosed that one Sh. Rajesh Kumar Pandey, who had been rendering services as Clerk in the postal Department at Delhi came into their contact during demonetization and since then they had been indulging in preparation and manufacturing of fake cheques and National Saving Certificates. Police also arrested person namely Arshad , who in lieu of money paid to him by the bail petitioners, named hereinabove used to bring fake cheques. On 26. 11. 2017, police arrested accused namely Rajesh Kumar Panday. Subsequently, on 5. 12. 2017 Investigating Agency also arrested another co-accused Arshad Ahmad, who at first instance denied his involvement in the crime alleged to be committed by the persons named above in the FIR, but subsequently, got one printer, laptop and other material allegedly used for preparation of fake cheques, recovered from Delhi, which have been further sent to SFSL, Junga for chemical analysis .

4. Mr. Rupinder Singh, learned counsel representing the bail petitioners, while referring to the status report placed on record by the investigating agency, forcibly contended that no case is made out against the bail petitioners because no fake cheques have been recovered from their custody. Learned counsel further contended that otherwise also cheque allegedly presented in the bank was not encashed and as such, no pecuniary loss, if any, has been caused to the bank. Mr. Rupinder Singh, learned counsel, further contended that bare perusal of status report nowhere reveals that incriminating evidence, if any, has been collected so far by the investigating agency against the bail petitioners and as such, they cannot be kept in illegal detention for indefinite period, especially when investigation in the cas