POLICE STATION UNA 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. 258/11 dated 3.11.2011, registered at Police Station, Sadar Una, H.P., under sections 420, 467, 468, 471, 120B IPC. It has been stated that petitioner was earlier President, Gram Panchayat, Upper Dehlan from the years 2006 to 2011. In the year 2008, some construction was carried out under the supervision of President, Vice -President, Secretary, Ward Panch and under the overall supervision of government officials. The construction of path leading towards the house of Sucha Singh was started on 18.3.2008 and completed on 3.5.2008. Sucha Singh after three years of completion of work has filed a complaint, the court ordered investigation and thereupon the FIR has been registered. The embezzlement of about Rs.8500 to Rs.10,000/ -has been found by the police.

(2.) THE complainant and petitioner belong to different political parties. There is political rivalry between the complainant and petitioner. The petitioner apprehends his arrest due to registration of the case. The petitioner is innocent, he has been falsely implicated in the case. The petitioner as President of the Gram Panchayat had no financial powers. The petitioner was not directly associated with the construction work. The petitioner is ready to join the investigation and furnish bail bonds as per directions of the court. The submission has been made for releasing the petitioner on bail.

(3.) IT has come in the investigation that they prepared fake muster -rolls. The bill with Sr. No. 2291 amounting to Rs.2160/ - of Shiv Shakti Enterprises, Behdala is fake. Bhupinder Singh owner of Shiv Enterprises, Behdala has stated that said bill is not of their shop. The Panchayat Inspector Gurbachan Singh and Asstt. Panchayat Inspector Ravi Dutt had inquired into the matter and submitted their report to Block Development Officer, Una. The complainant in his complaint has made the said two persons as an accused, but till now no concrete evidence has come against these two persons.