SHANTANU JETALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of bail under Sec. 439 of the Code of Criminal Procedure, in case FIR No. 12/2022, dtd. 18/1/2022, under Ss. 420 and 201 of the Indian Penal Code (for short "IPC"), registered at Police Station Nalagarh, District Solan, H.P. Petitioner is in custody since 19/4/2022.

(2.) It has been averred on behalf of the petitioner that implication of the petitioner in the case is false. No offence has been committed by the petitioner. He was working only as an agent with the Company operating under the name and style of S.K. International run by one Sh. Ronak. The entire dealing of the complainant was with the aforesaid Company. The investigation of the case is complete and further custody of the petitioner is not going to serve any purpose. Petitioner is stated to be permanent resident of Plot No. 64, Set No. 202, Sector 47, Gurugram Haryana. He has undertaken to abide by all the conditions as may be imposed against him. Petitioner has further undertaken not to tamper with the prosecution evidence.

(3.) In response, status report has been filed on behalf of the respondent"State. It has been stated that a complaint was received from complainant Rajiv Kumar on 8/1/2022 at Police Station Nalagarh, District Solan, H.P., on the basis of which, FIR in question, was registered. It was alleged in the complaint that complainant had contacted on"line agent on 13/8/2021 for facilitating the visit of complainant to Germany. The agent was identified as the bail petitioner. It was further alleged that the bail petitioner cheated and thereby dishonestly induced the complainant to pay a sum of Rs.22,78,400.00" as consideration in lieu of facilitating his visit to Germany. The matter was investigated. Petitioner was arrested on 18/4/2022 and remained in police custody from 19/4/2022 to 26/4/2022. Investigation is stated to have been completed and challan has been presented in the Court of competent jurisdiction. Petitioner is facing the trial.