Point of Law: Bail granted - Where judicial discretion to admit the petitioner on bail, in the event of his arrest, in this case, is required to be exercised in his favour.

ORDER :

1. The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No. 8/2021, dated 17.7.2021, under Sections 420, 409, 465, 468, 471, 472 and 120-B of the Indian Penal Code registered at Police Station, CID Bharari, Shimla, 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 permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

3. Police report stands filed. As per the prosecution story, Shri Makhan Singh (complainant) made a complaint before the police alleging therein that he is Regional Manager, Regional Office, Solan, Himachal Pradesh Gramin Bank, and duly authorized by the competent authority to represent the case and submitted that Jitender Verma, Daulat Ram, Sanjeev Kumar, Sapna and Ram Lal, committed fraud by obtaining Bank loan on the basis of forged documents. They are brokers, who helped in manipulating the documents. It is further alleged in the complaint that as per the Banking norms for obtaining the Bank loan, loanee has to submit his documents of land and ‘No Objection Certificate’ from the concerned Patwari to the effect that there is no loan against the property. After sanction, the loanee has to create the charge by way of mutation in favour of the financing Bank in case of KCC loan and in case of housing loan, loanee has to create the charge on land and building by way of execution of registered mortgage deed. The accused persons forged the signatures of the Sub Registrar, Theog, by putting the forged stamps on the documents, so that it may appear genuine and thereafter submitted the same to the Bank concerned. By using the camera trick, the photographs of the executants is also procured by forging the document and also mentioned the fake registration number on all the mortgaged deeds. After sometime, all the loan accounts became irregular, as a result of which, Bank Officials issued notices/reminders to pay the loan amount, but all the loanee did not care to pay the loan amount with intention to cheat the Bank. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, if he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.

4. I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. Learned counsel for the petitioner has argued that the petitioner is permanent residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by sending him behind the bars. He has further argued that the instant petition may be allowed and the petitioner may also be enlarged on bail.

6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, if he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed.

7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. He has further argued that the custody of the petitioner is not at all required by the police for investigation. The petitioner is joining and co-operating in the investigation, so the present bail application may be allowed