Anticipatory bail can be granted based on the presumption of innocence and cooperation with police investigations.

Virender Singh, Judge

The above titled applications, are being decided by a common order. The applicants have filed these applications, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’), as they are apprehending their arrest, in case FIR No.11 of 2025, dated 29.01.2025, registered, under Sections 420, 467, 468 & 471 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Barotiwala, District Solan.

2. By way of the present applicfations, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Policte Station Barotiwala Baddi, District Solan, H.P., to release the applicants on bail, in the event of their arrest, in the above noted case.

3. According to the applicants, they are innocent persons and have falsely been implicated by the Police, in this chase, at the instance of the complainant. They have tgermed the prosecution story as false and fabricated one.

4. Elaborating their stand, it has been pleaded that the complainant, along with its partner Rajesh Singhal in firm M/s Vishwakarma Techno Forge, Village Dharoa Post Office Badhone Ghat, Tehsil Baddi, District Solan, H.P., availed OD/CC Limits in the year 2016 for an amount of Rs.85,00,000/- and other term loans and mortgaged a building situated over Khata Khatoni No. 5/5, Khasra No. 13/1(10-01), Village Dharoha, Tehsil Baddi, District Solan, Himachal Pradesh, which is in the name of M/s Vishwakarma Techno Forge.

5. It is the further case of the applicants that thereafter, to induct capital in the business, one Arpit Mittal was inducted as a partner in pflace of Sh. Rajesh Singhal and after the induction of new partner and guarantors (Ashok Mittal & Cthetna Mittal, parents of Arpit Mittal) and the limit was enhanced from Rs.85,00,000/-to Rs.3,00,00,000/- in addition to the previous CC Limit and Term Loan.

6. As per the applicants, apart from the personal guarahntee, they also mortgaged his residential house, i.e., Hgouse No.98, Sector-4, Panchkula. Since, the complainant iand his partners could not maintain the financial discipline, as such, the account turned as Non Performing Asset (NPA) and proceedings under SARFAESI Act were initiated. Notice for possession was also issued and the symbolic possession was taken. Thereafter, according to the applicant, the present FIR has been lodged.

7. According to the applicant that apart from the present case, one of the guarantors has also filed identical complaint before the Dy.SP, Sub Division Central, Police Station Sector 17, Chandigarh and thereafter, closure report was submitted. Not only this, identical complaint was moved through Chetna Mittal, W/o Ashok Mittal, before the SHO, Economic Offence fWing, Sector 12, Panchkula and the said matter is still pending enquiry. Both the guarantors Ashok Mitttal & Chetna Mittal had also filed a Civil Suit bearing No.CS/23/2025 in Civil Courts, Panchkula, which is also pending.

8. The applicants have termed the FIR, registered against them as based upon the concocted story, just to involvhe the responsible officers of the Bank and arm tgwisting method to settle the financial dispute, whereas, iaccording to the applicants, there are serious concealments in the complaint filed by the complainant regarding the identical complaint.

9. Applicant Ravi B., has asserted that when he came to know about the registration of the said FIR, he has approached this Court, by filing similar application on 06.02.2025, in which, the Registry had raised certain objections, and thereafter, the applicant preferred anticipatory bail before learned Additional Sessions Judge, Nalagarh.

10. Applicant Ravi B., has also asserte