Failure to substantiate fraud allegations justifies bail when complainant lacks supporting evidence and does not participate in the investigation.

JUDGMENT : 

VIRENDER SINGH, J.

1. The above titled bail applications, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’) are being disposed of by this common order, as the applicants, are apprehending their arrest, in case FIR No. 00067/2025, dated 22.7.2025, registered under Sections 420, 120B and 506 of Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station West, Shimla, District Shimla, H.P.

2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case.

3. According to the applicants, complainant entered into a business arrangement, under which, he was to advance loan to the applicants, and in return, the applicants were required to pay back the same, alongwith interest. In furtherance of said arrangement, complainant transferred money to the applicants, on various occasions, during the period between 2020-2023, through his bank accounts, maintained in the Panipat Urban Co-operative Bank and State Bank of India. Applicant Vikram Kumar @ Jimmy stated to have made regular repayments to the complainant, through his HDFC bank account No. 50100240621289.

4. It is the further case of the applicants that applicant Vikram Kumar @ Jimmy is owner of an OTT channel, but unfortunately, he suffered loss in the business, and despite such adverse circumstances, applicant Vikram Kumar @ Jimmy continued to make payments towards the dues of the complainant. According to applicant Vikram Kumar @ Jimmy, the last payment, amounting to Rs. 17,000/- was made in the month of January, 2025.

5. According to the applicants, despite continuous payments being made, the complainant lodged a complaint before Haryana Police on 4.1.2025, alleging therein, that applicant Vikram Kumar had cheated and induced him into parting with money on false assurances. Thereafter, Haryana Economic Offences Wing, associated both the parties with the investigation. During those proceedings, applicant Vikram Kumar @ Jimmy continued to make payments, and in fact, transferred a sum of Rs.17,000/- through three transactions, dated 17.1.2025, 19.1.2025 and 20.1.2025. Upon receipt of the said payments, complainant voluntarily withdrew his complaint, vide application dated 20.1.2025.

6. It is the further case of the applicants that on 11.2.2025, the complainant made a fresh complaint, reiterating the same allegations and investigation was entrusted to Sub-Inspector Sultan Singh of the Economic Offences Wing, Ambala, who issued notice No. 420-5A dated 22.2.2025, requiring applicant Vikram Kumar to appear. The complainant was also summoned but instead of appearing, he sent a whatsapp message to the I.O., mentioning “Please cancel my complaint.” Thereafter, the complaint was formally withdrawn and consequently, report was submitted, in this regard.

7. According to the further stand of the applicants, thereafter, present FIR has been lodged by the complainant, which is stated to be the abuse of process of law. In this regard, applicants are also stated to have approached this Court, by way of Cr. MMO No. 869 of 2025, titled as Vikram Kumar @ Jimmy & others vs. State of H.P. & Ors. in which, notices were ordered to be issued, for 2.9.2025.

8. Apart from this, Mr. Vishal Singh Thakur, Advocate has given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS.

9. On the basis of above facts, applicants have sought the relief, as claimed, in the present bail applications.

10. When, put to notice, the Police has filed the status report, disclosing therein, that on 22.7.2025, complainant Vidhu