Point of Law: Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evidence and may also flee from justice, also considering seriousness of offence and way allegedly petitioner and others usurped the money of many persons.

ORDER :

The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 250 of 2019, dated 31.08.2019, under Sections 420, 406, 467, 468, 120B and 201 IPC, registered at Police Station Nalagarh, District Solan, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, as he is permanent resident of District Hamirpur, H.P. No fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so he be released on bail.

3. At the very outset it is pertinent to mention that by filing the instant petition the petitioner has approached this Court successively third time seeking his bail. One of his earlier petitions was dismissed and other was withdrawn.

4. Police report stands filed. As per the prosecution story, Shri Suresh Kumar (complainant) made a written complaint to the police and alleged that he is acquainted with Pankaj Kumar and Anil Kumar, petitioner and co-accused, respectively. The petitioner and the co-accused taking advantage of his gullibility told him that they would manage jobs for his children. The petitioner and the co-accused, on the pretext of managing jobs for the children of the complainant, demanded rupees ten lac from the complainant, which he paid to them. As per the complainant, the petitioner and the co-accused also cheated some local people. The complainant prayed that action be taken against the petitioners. Upon the complaint, so made by the complainant, police registered a case under the apt Sections of IPC and investigation ensued. Police seized the papers handed over to them by the complainant and later on a Special Investigation Team (SIT) was constituted for probing the matter. On 01.09.2019 accused Chander Shekhar and Gagandeep joined the investigation and they were arrested on 02.09.2019. During the course of investigation it was unearthed that during November, 2017 accused Gagandeep met main accused Rohit Kashta. Initially, on the pretext of getting job for Gagandeep, accused Rohit Kashta demanded rupees four lac from accused Gagandeep, which accused Gagandeep paid to him, but when no job was managed, accused Gagandeep joined accused Rohit Kashta in his illegal activities. Later on accused Gagandeep cheated four people on the pretext of managing jobs for them. Accused Rohit Kashta, Chandershekhar, Anil Kumar and the petitioner were acquainted with each other. The investigation further reveals that accused Chandershekhar cheated many persons on the pretext of managing jobs for them and he used to introduce people to main accused Rohit Kashta. Police investigation further reveals that there are huge transactions in the bank accounts of accused persons and some amount was paid to accused Rohit Kashta in cash through petitioner Pankaj. Accused persons, including the petitioner used to prepare fake appointment letters, joining letters etc. On the basis of mobile location, petitioner Pankaj Kumar and Anil Kumar were nabbed by the police near Panchkula Court on 05.09.2019. The records show that the accused persons, including the petitioners, cheated many persons, and illegally usurped huge amounts. On 08.09.2019 co-accused Anil Kumar made a disclosure statement and got recovered a laptop and three pen drives from his accommodation at Shivalik Vihar, Nayagaon, Chandigarh. On the basis of mobile location accused Rohit Kashta was arrested on 08.09.2019. Police also recovered fake appointment letters, joining letters and printer used for the same. Police also recovered display screen and CPU. Accused Rohit Kashta made a disclosure statement and got recovered three appointment letters from his rented accommodation. Accused Rohit Kashta disclosed that he had broken a printer and threw the same at Ambala Road. On