Bail cannot be denied as a form of punishment before trial; cooperation with the investigation is essential.

JUDGMENT :

Virender Singh, J.

1. Applicant-Priyanka Thakur has filed the present bail application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as‘BNSS’), as she is apprehending her arrest, in case FIR No. 65 of 2024, dated 23^rd February, 2024, registered under Sections 420, 406 and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Sadar Una, District Una, H.P.

2. By way of the present application, the applicant has sought the indulgence of this Court, to direct the Investigating Officer/police of Police Station Sadar, Una, to release her on bail, in the event of her arrest, in the above-noted case.

3. According to the applicant, she is innocent person and has falsely been implicated, in this case, by the police.

4. As per the applicant, she has not committed the alleged offence. The applicant is stated to be the permanent resident of District Una and having no criminal antecedents.

5. The applicant has given certain undertakings, for which, the she is ready to abide by, in case, any direction is issued to the police/Investigating Officer, under Section 482 of the BNSS.

6. The applicant has earlier tried her luck, by filing similar bail application, before the learned Additional Sessions Judge-II, Una, District Una, however, her bail application has been rejected, vide order, dated 17^th December, 2024.

7. On the basis of the above facts, Mr. Pramod Singh Thakur, learned counsel appearing for the applicant, has prayed that the present application may be allowed and the applicant may be ordered to be released on bail, in the event of her arrest, in the above-noted case.

8. On 8^th January, 2025, when notice was issued, the police has filed the status report, disclosing therein, that on 23^rd February, 2024, SI Gurdeep Singh, Incharge, Police Post City, Una, was on patrolling duty and at about 05.40 p.m., when, he was present on Una-Rampur Road, then, complainant-Narender Singh, alongwith the other persons, who had jointly moved the application, made a complaint against Priyanka (applicant), disclosing therein, that said Priyanka Thakur (applicant) is Director of Seven Emirates Nidhi Limited.

8.1. According to the complainants, they haddeposited a sum of Rs. 11,55,700/- in total, with the applicant and now, she has closed her office, for the last 10-11 months. When, the complainants are visiting the said office, the same is found to be closed and when contacted, on phone, she assured them to return their money.

8.2. Now, according to the complainants, the applicant has stopped attending their calls. The applicant is stated to have running her office in a rented accommodation and now, the said premises is closed.

8.3. As per the case of the complainants, said Priyanka Thakur (applicant) has embezzled their amount and a prayer has been made to take action against her.

9. On the basis of the above facts, the police registered the case, under Section 420 & 406 IPC and the police machinery swung into motion.

10. After perusing the said status report, the interim protection was granted to the applicant, with a direction to join the investigation and the case was ordered to be taken up on 10^th January, 2025.

11. Thereafter, the police has filed the supplementary status report on 23^rd January, 2025, disclosing therein, that the applicant has joined the investigation earlier on 3^rd October, 2024 and 10^th October, 2024, in pursuance of the directions of learned Additional Sessions Judge-II, Una and now, on 10^th January, 2025 and 13^th January, 2025, in pursuance of the directions of this Court.

12. As per the said status report, during investigation, original cheque book, photocopies of FDRs, original vouchers, original passbooks and receipts of shares, were produced by the applicant, which were taken into possession. Similarly, requisite documents, regarding her account with YES Bank, Una, were also obtained. On 26^th October, 2024, the applicant is stated to have produced the stamp o