VINOD KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to orders dtd. 17/1/2022 and 4/2/2022, whereby the petitioners were ordered to be enlarged on bail in case FIR No.30/2021 dtd. 26/11/2021, registered at Police Station, CID Crimes (HP), Shimla, under Ss. 420, 406, 506 read with Sec. 120 of Indian penal Code, respondent-state has filed the status report. ASI Suresh Kumar, CID Crime Branch, District Shimla, HP, has also come present with the records. Records perused and returned.

(2.) Close scrutiny of record/status report made available to this Court reveals that on 26/11/2021, 23 orchardists belonging to district Shimla, lodged a complaint with PS CID Crime, Shimla, alleging therein that in the year, 2019, M/s Himachal Rose Apple, Bye Pass Road Solan, New Sabzi Mandi Solan, owned by Mr. Bhagwan Singh alias Guddu purchased their apple crop, but failed to make the payment. Though above named proprietor of M/s Himachal Rose Apple issued cheques in favour of some of the orchardists qua their apple crop, but same were dishonored on account of insufficient funds in the bank account. Though as per investigation, sum of Rs.31,72,962.00 is payable to 23 complainants/orchardists by M/s Himachal Rose Apple Solan, but only sum of Rs.5,00,000.00 after the registration of the case have been deposited by the brother of Bhagwan Singh alias Guddu, who is absconding.

(3.) During investigation, police found that Bhagwan Singh after having purchased the apple crop from 23 orchardists had sold the same to M/s VCD Fruit Merchants, Solan, owned by the present bail petitioners. As per investigation, VCD Fruit Merchants, Solan, failed to make the payment to M/s Himachal Rose Apple Solan and as such, proprietor of the aforesaid concern failed to make the payment to the complainants. In the aforesaid background, the bail petitioners herein being proprietor of M/s VCD Fruit Merchants came to be named in the FIR and since pursuant to order dtd. 17/1/2022, bail petitioners have joined the investigation and nothing remains to be recovered from them, prayer has been made on their behalf for confirmation of interim bail granted in their favour on 17/1/2022.