O R D E R

The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure seeking his release in case FIR No.5 of 2019 dated 1.11.2019, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code registered at Police Station, SV & ACB, Shimla, H.P.

2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No

1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.

fruitful purpose will be served by sending him behind the bars, so he be released on bail.

3. Police report stands filed. As per the prosecution story, Shri Kamal Kishore-complainant made a written complaint to the police wherein he alleged that he is resident of village Panesh, Tehsil and District Shimla. As per the complainant, some people are roaming in the area, who are enticing people of the area to get financed vehicle and the vehicle shall be engaged in companies at Punjab and Haryana. These people are cheating the innocent people of the area and they get the vehicles financed from different finance companies. One Bhajan Lal in connivance with Raman and Sushil Kumar, got the complainant financed a vehicle (Innova Crysta) and the same was taken to Haryana and registered at Dera Bassi and when the complainant asked for his vehicle, he was told that the vehicle will be engaged by some company and to this extent, an agreement will be executed. When the vehicle was not returned to him, he made a complaint to the police, but no action was taken. Thus, the complainant was cheated for rupees twenty two lac. The complainant has further alleged that the finance company is also involved with the accused persons and he is being pressurized not to complain the matter to the police. The complainant has further alleged that some blank cheques, issued by him to the finance company, have been wrongly used and he has received notice qua those cheques. Upon the complaint, so made by the complainant, police registered a case. During the course of investigation, it was found that the complainant got financed an Innova Crysta from Hinduja Finance Company, Kachi Ghati, Shimla and the petitioner alongwith Raman Singh, Sushil alongwith other persons were involved. As per the police investigation, including the petitioner intended to sell the vehicle in Haryana. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.

4. I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and gone through the records, including the police report, carefully.

5. Learned counsel for the petitioner has argued that the petitioner is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by sending him behind the bars. He has further argued that the instant petition may be allowed and the petitioner may also be enlarged on bail.

6. On the other hand, learned Additional Advocate General has argued that the petitioner has committed a serious crime and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the bail application of the petitioner may be dismissed.

7. In rebuttal, the learned counsel for the petitioner has argued that the petitioner is permanent resident of the place, neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. He has further arg