PREM CHAND THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an application for releasing the applicant on bail under Section 438 Cr.P.C. in FIR No. 132 of 2011, registered on 18.07.2011 at Police Station, Barmana, under Section 406 IPC. The status report has been filed, record perused.

(2.) It has been stated in the application that Padam Chand Rohal has lodged an FIR stating that applicant was his Special Power of Attorney and was executing the work of road construction from ''Kasol to Padhiar''. It has been alleged that petitioner has committed criminal breach of trust. The complainant earlier lodged a complaint at Police Station, Kandaghat, but police did not find that applicant has committed any offence. Thereafter, complainant lodged an FIR at Police Station, Sadar, but again police did not find any offence committed by the applicant. Thereafter, complainant filed complaint under Section 156(3) Cr.P.C. before Judicial Magistrate, Bilaspur, who ordered investigation.

(3.) It has been stated that applicant is neither concerned nor connected in any manner with the offence alleged against him. In any case the dispute is of civil nature, FIR is nothing but misuse of process of law. The applicant is ready to join investigation and furnish bail bonds in accordance with the directions of this Court. The prayer has been made for grant of anticipatory bail.