LAWS(HPH)-2011-12-202

RAHUL CHAUHAN S/O. SH. DINESH KUMAR, R/O. VILLAGE BHADWARA P.O. & TEHSIL FATEHPUR, DISTRICT KANGRA, H.P. Vs. STATE OF HIMACHAL PRADESH

Decided On December 09, 2011
Rahul Chauhan S/O. Sh. Dinesh Kumar, R/O. Village Bhadwara P.O. And Tehsil Fatehpur, District Kangra, H.P. Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 349 of 2011 dated 25.9.2011 registered at Police Station, Nurpur, under Sections 420, 467, 468, 471 and 379 IPC.

(2.) It has been stated in the application that the petitioner has been falsely implicated in the case. The bail application of the petitioner has been dismissed by the Additional Sessions Judge -II, Kangra at Dharamshala on 1.12.2011. The petitioner is innocent. He is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. Prayer has been made for releasing the petitioner on bail.

(3.) THE status report has been filed and the bail application has been opposed. It has been stated that case has been registered on the basis of complaint of Bank Manager Arjun Chand, Canera Bank, Nurpur. It has been stated that on 24.9.2011 Rahul Mahajan presented a self bearer cheque No. 335036 dated 20.9.2011 S.B. A/c No. 1961101022426 of Rajesh Kaushik, Subroto Park Delhi for Rs. 49,000/ - and taken payment and signed on the back of cheque as Pankaj. E -mail has been received from Subroto Park Branch, Delhi that no such cheque has been issued by the account holder Rajesh Kaushik. Rahul Chauhan has wrongly drawn the cheque as Pankaj. Prayer has been made for rejection of the bail application.