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2023 Supreme(HP) 491

RAKESH KAINTHLA
Hitesh Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sanjeev Bhushan, Sr. Advocate, with Mr. Rakesh Chauhan.
For the Respondent:Mr. Jitender Sharma, Additional Advocate General with ASI Ramesh Lata, PS West District Shimla, H.P.
For the Complainant : Mr. Mahender Pal.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 211/2023 dated 03.10.2023 was registered against the petitioner at Police Station, Boileauganj, Shimla for the commission of offences punishable under Sections 376, 377, 354(A) & 506 of IPC. The petitioner is innocent and he was falsely implicated. The allegations levelled against the petitioner are totally vague. The informant is threatening the petitioner to file a false complaint against him, in case, he failed to pay Rs.10,00,000/- to her. The informant is the business partner of Mr. Anuj Singh. The petitioner had entered into an agreement with the wife of Mr. Anuj Singh. She issued a cheque to the petitioner but it was dishonoured. The petitioner filed a complaint against her. The informant filed a false case against the petitioner in connivance with Anuj Singh. The petitioner will join the investigation. He will abide by all the terms and conditions, which may be imposed by this Court. Hence, the petition.

2. The petitioner is opposed by filing a status report asserting that the informant made a complaint to the police against the petitioner

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