GORKHU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No.234 of 2020, dated 24.7.2020, under Sections 420, 468 and 471 of the Indian Penal Code, registered in Police Station, Sadar, District Chamba, 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 fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, Deputy Conservator of Forest Chamba, Forest Division Chamba, made a written complaint to the Station House Officer, Police Station, Chamba, wherein he has alleged that Gorkhu Ram (petitioner herein), Forest Guard, presently Incharge Tiryoni Beat of Upper Chamba Range, has produced 12th Class mark sheet to his office on 11.3.2019, through Range Forest Officer, Upper Chamba. The matter regarding verification of 12th Class Certificate submitted by the petitioner was taken up with the Director, National Institute of Open Schooling, Noida, Utter Pradesh, and as per their records, Roll number 060037951745, the data does not exist in their records and the said document sent by his office for the verification is not genuine and seems to be fake. The petitioner has given a 12th Class Certificate for the benefit of promotion in his office. Thereafter, the police completed all the codal formalities. Police made the relevant recoveries, prepared the spot map and recorded the statements of the witnesses. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence, and there is every possibility that in case at this stage, he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.