RAJNIKANT PANDAY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 168 of 2021, dtd. 6/9/2021, at Police Station, Sadar Shimla, District Shimla, H.P. under Ss. 420, 465, 467, 468, 471 and 120-B IPC. Petitioner is in custody since 8/9/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C., in the above noted case, on the grounds that the complainant has lodged a false complaint after having backed out from a contract for availing holiday package. The complainant has used the police machinery to pressurize the petitioner for acceding to unjustified demands of complainant. It has been stated on behalf of petitioner that he is authorized representative of a Company. His primary duty was to make bookings in the name of the Company and he used to share 42% of the profit amount in one package with co-accused Arun Chaudhary. The indefinite detention of the petitioner shall not serve any useful purpose. The petitioner is ready and willing to furnish personal and surety bonds as required in case of his release on bail. The petitioner has undertaken to abide by all the terms and conditions as may be imposed. It has been contended on behalf of petitioner that he is not involved in any other criminal case till date.

(3.) In response, the status report has been filed. It has been stated on behalf of the respondent that petitioner alongwth other co-accused by use of fraudulent means has committed acts of cheating and forgery etc. The petitioner and other co-accused have committed such offence by entering into a criminal conspiracy. It is alleged against petitioner that he alongwith other co-accused have been duping various innocent persons of substantial amounts of money on false pretext of providing them the holiday packages for long periods. During investigation, all the claims of petitioner and his co-accused were found to be false. The investigation qua petitioner is stated to be complete. It is stated that a sum of Rs.4,75,000.00 is still required to be recovered from the petitioner and his co- accused. One of the accused in the case namely Rajesh Kumar Panday, who is uncle of petitioner is yet to be arrested. The challan has already been presented in the Court of learned Chief Judicial Magistrate, Shimla on 30/11/2021.