ANKIT THAKUR Vs. STATE OF H P

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 90 of 2011 dated 19.4.2011 registered at Police Station Sadar, District Hamirpur, under Sections 420, 120-B IPC. The status report filed and the same has been perused.

(2.) It has been stated that the petitioner has been falsely implicated in the case. He has committed no offence. The petitioner belongs to respectable family. He is ready to join the investigation and furnish bail bonds if he is released on bail. The petitioner apprehends his arrest in view of registration of the case. The custodial interrogation of the petitioner is not necessary. The petitioner has prayed for grant of bail.

(3.) The application has been contested on the basis of status report. It has been stated that the case has been registered on the basis of the complaint of Smt.Santosh Kumari. As per investigating agency, the complainant had visited the ATM at Bhota alongwith her son for drawing some amount. When she was busy in counting the amount drawn from the ATM, the accused namely Akhil and Ankit handed over their ATM card to her son and took from the son her ATM card which complainant could not notice. Lateron the total amount of 98,300/- were drawn from the account of the petitioner through her ATM card on various occasions. It has been found that the amounts have been drawn by accused Nikhil, who told that he had given 60,000/- to petitioner. He has also disclosed that offence was committed by both the accused. It has also come in the investigation that Nikhil accused has purchased laptop worth 35,000/- from the amount illegally drawn from the account of the complainant. Nikhil has also disclosed that he has handed over the lap top to the petitioner for learning which he had not returned. Nikhil is below 18 years and has been handed over to his parents. The prayer has been made for dismissal of the bail application.