MAHESH GUPTA 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.170/2011 dated 08.08.2011, registered at Police Station,West, Shimla, under Sections 419, 465, 467, 468, 471, 494, 120 -B IPC and under Section 12 of Passport Act, 1967.

(2.) IT has been stated that allegations against the petitioner are that in the capacity of the President, Gram Panchayat, Dharmapur, he has issued a false character certificate in favour of Saurav Tandon and Saneh Tandon to enable them to prepare a passport.

(3.) THE status report has been filed in which it has been stated that the case has been registered on the basis of complaint dated 08.08.2011 of Munish Gupta, who stated that the complainant married Saneh Gupta and daughter Tavisha Gupta was born. It has been stated that they have been kidnapped on 06.08.2011 by Saurav Tandon, who managed to get fake passports in the names of Saneh Tandon and Tavisha Tandon. It has been stated that it has come during investigation that Sushil Kumar Sood, construction Supervisor in the Panchayat, disclosed that on 08.07.2011, Secretary, Gram Panchayat, Dharampur, was not present in the Panchayat. On the direction of Mahesh Gupta, President, Gram Panchayat, Dharampur, he entered the names of Kumari Tavisha and Smt. Saneh Tandon in the parivar register of Saurav Tandon. Mahesh Gupta entered the names of Tavisha,Saneh and grandmother in the ration card of Saurav Tandon and put the seal and signed the same. This has been corroborated by Narender, Secretary, Gram Panchayat, Dharampur. Mahesh Gupta got the false entries made in the Panchayat record of Saneh Tandon and Tavisha Tandon. The seal of President, Gram Panchayat, Dharampur and specimen handwritings and signatures of Mahesh Gupta are to be taken. In order to find out the truth, custodial interrogation of the petitioner is required. The prayer has been made for rejection of the bail application.