A bail application should be evaluated based on the merits of the case rather than solely on the accused's prior criminal record.

JUDGMENT

Vikas Bahl, J. (Oral)

This is a first petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.84 dated 23.06.2023 (Annexure P- 1) registered under Sections 406, 420, 467, 468, 471, 120-B IPC at Police Station Sarabha Nagar, District Ludhiana.

2. Learned senior counsel for the petitioner has submitted that the petitioner has been in custody since 14.09.2023 and challan is yet to be filed and therefore, the presentation of challan as well as the conclusion of trial is likely to take time and that the petitioner was initially in police custody and is now in judicial custody and no useful purpose would be served by keeping the petitioner in further incarceration. It is submitted that the offences in the present case are triable by Magistrate. Learned senior counsel for the petitioner has submitted that even on merits there are several arguable points inasmuch as the petitioner has not been named in the FIR and as per the FIR, there is no allegation of any inducement qua the petitioner levelled by the complainant or by Nirmal Singh Bhangu, who, allegedly as per the FIR have been duped of an amount of Rs.3.5 crores. It is further submitted that the allegations in the FIR with respect to inducement are qua co-accused Pritam Singh Kotbhai, Ex.MLA Kotbhai and he was granted interim anticipatory bail by the Additional Sessions Judge, Ludhiana, vide order dated 19.07.2023 (Annexure P-2) and vide order dated 23.08.2023 (Annexure P-3), the Additional Sessions Judge, Ludhiana confirmed the anticipatory bail of said Pritam Singh Kotbhai and in paragraph 4 of the said order, it has been recorded that even in case the version of the prosecution is taken into consideration, then also the conversation/ talks between Nirmal Singh Bhangu and Pritam Singh Kotbhai had taken place either in the year 2016 or in 2019 and there was a substantial delay in getting the statement of Nirmal Singh Bhangu, recorded under Section 161 Cr.P.C. Reliance was placed upon the judgment of the Hon'ble Supreme Court of India in Md.Ibrahim & others v. State of Bihar and another in Criminal Appeal no.1695 of 2009 (arising out of SLP (Crl.)) no.6211 of 2007 decided on 04.09.2009 and it was observed that the FIR had been registered on the statement of Shinder Singh whereas the person, who has been cheated, was Nirmal Singh Bhangu and after considering all the said facts, the concession of anticipatory bail was granted to co-accused Pritam Singh. It is the case of the petitioner that his case is on a much higher footing than that of said Pritam Singh Kotbhai and it is submitted that the name of the petitioner had surfaced for the first time in the supplementary statement of Shinder Singh (Annexure P-4), who, in the said supplementary statement had given a different version from the version given in the FIR after it was found that said Pritam Singh Kotbhai was never confined to Bathinda Jail. It is submitted that even as per the said statement (Annexure P-4), there is no allegation that any amount was deposited in the account of the petitioner and the only allegation against the petitioner is that in the month of January 2020, Dileep Tripathi had met Pritam Singh Kotbhai through the petitioner and had showed his identity card of P.M. House to show that he is in contact with the senior officers. It is further submitted that the said version was not given in the complaint and was thus, an afterthought. Learned senior counsel for the petitioner has referred to the statement of Nirmal Singh Bhangu who, as per the case of the prosecution is the person, who had been cheated and it has been highlighted that the said Nirmal Singh Bhangu has not named the present petitioner in his statement. It is argued that the petitioner is sought to be implicated in the case primarily on the basis of statement of Dileep Kumar Tripathi dated 22.04.2022 (Annexure P-6) which has been recorded in the police custody and which is to the effect that an amount