NARESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The compendium of the facts & material, culminating in the commencement, relevant for deciding the instant petition for anticipatory bail and emanating from the record, is that the prosecution claimed that all the accused, in connivance with each other, cheated the complainant and sold the Bolero vehicle, bearing registration No.HR-05-AC 7808, by forging its registration certificate (for short "RC") for an amount of Rs. 5,85,000/-, out of which, a sum of Rs. 1 lac was paid on the same day and remaining amount was to be paid within two days. Thereafter, the complainant went to the petitioner, he called the other co-accused and the entire remaining amount of Rs. 4,85,000/- was paid to the petitioner. He gave original RC, insurance policy & photo copy of voter card of Gulab Singh. However, the accused did not give duplicate key, service book of the vehicle and NOC. The petitioner was stated to have assured them to provide service book and NOC subsequently. The same were not supplied to him, despite repeated requests. Ultimately, it was found that all the accused committed criminal conspiracy, forged the RC, used the same as genuine, cheated the complainant and illegally sold the vehicle in question for a sum of Rs. 5,85,000/-. In the background of these allegations and in the wake of complaint of the complainant, a criminal case was registered against accused Rajesh Kumar, Naresh Kumar (petitioner), Ramesh Sharma and Gulab Singh, by virtue of FIR No.76 dated 14.4.2012, on accusation of having committed the offences punishable under sections 420, 467, 468, 471, 379 and 120-B IPC by the police of Police Station Patran, Distt. Patiala, in the manner depicted hereinabove.

(2.) Now the petitioner has preferred the present petition for anticipatory bail in the indicated criminal case, invoking the provisions of section 438 Cr.PC.

(3.) Notice of the petition was issued to the State.