ABHISHEK VIRMANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 438 of the Code of Criminal Procedure seeking his release in case FIR No.84/2018, dtd. 17/7/2018, under Ss. , 420, 467, 471, 120-B of the Indian Penal Code, registered at Police Station, East, District Shimla, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, Shri Baldev Singh-complainant made a written complaint to the police wherein he alleged that he is having a Saving Bank Account in Axix Bank, Shimla. As per the complainant, in the month of December, 2017, one person, namely, Amit Kumar Jha, contacted on his mobile phone number 9418027718, on different occasions and introduced, as Officer in RBI, Delhi. Thereafter, the said person visited Shimla, asked him to issue one cancelled cheque and two blank cheques, so that certain fund account can be settled at the earliest, as he was investing money in some companies. He further alleged that someone dishonestly withdraw an amount of Rs.4,92,200.00 from his account. When he enquired about this fact, someone has forged his signature and withdraw huge amount. As per the police, after completion of the investigation, on 3/3/2022, challan stands presented in the learned Trial Court. Lastly, it is prayed that the instant bail application may be dismissed, as the petitioner has committed a serious offence and in case, at this stage, he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so it is prayed that the instant bail petition may be dismissed.