SHRI PAWAN KUMAR, SON OF SHRI PREM CHAND, RESIDENT OF VILLAGE AND POST OFFICE DHAMROL, TEHSIL BHORANJ, DISTRICT HAMIRPUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 163/2011 dated 15.07.2011, registered at Police Station, Sadar, Bilaspur, under Sections 420, 406, 120 -B IPC. It has been stated that petitioner has committed no offence nor he is connected with the above case. On account of registration of the case, the petitioner is apprehending his arrest in the above case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The petitioner earlier filed bail application which has been dismissed by learned Sessions Judge, Bilaspur, on 23.12.2011.

(2.) THE status report has been filed. It has been stated that case has been registered on the written complaint of Sanjeev Kumar. The complainant is running a hardware shop at Ghagas. On 05.06.2011, two persons came in the shop, one person asked the rates of steel and cement and the other asked the rates of Dr. Fixit. They had placed order of 30 quintals steel and 20 Kg binding wire. But, later on, they ordered 25 quintals steel, ultimately 24 quintals 51 Kg 550 gms steel vide bill Nos. 156 and 157 dated 05.06.2011 amounting to Rs.99,773/ - was loaded in two vehicles. One person issued a cheque of Rs. 99,750/ - drawn on S.B.I., Sarkaghat. One person disclosed his name Shoki and another Pawan Kumar. The cheque was bearing the name of Pawan Kumar.

(3.) IT has come in the investigation that Pawan Kumar had opened account in State Bank of India, Sarkaghat, on 05.05.2011 with Rs.1,000/ - and till 09.06.2011 the balance was Rs.86/ - in that account. Pawan Kumar cheated complainant Sanjeev Kumar. Pawan Kumar was arrested on 23.03.2012 in FIR dated 19.02.2011 under Sections 420, 120 -B IPC, registered at Police Station, Dharamshala. He was released on bail. It has been stated that 11 cases were registered against Pawan Kumar at Police Stations Bharari, Jawalamukhi, Talai, Sadar Mandi, Paonta Sahib, Padhar, Sundernagar, Sarkaghat, Hamirpur, under Sections 420, 467, 468 IPC etc. from the year 1992 to the year 2009.