HARI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case FIR No. 59 of 2021, dtd. 16/11/2021, registered at Police Station, Shillai, District Sirmaur, H.P. under Ss. 420, 465, 467, 468, 471 and 120-B IPC.

(2.) By way of instant petition, petitioner has approached this Court under Sec. 438 Cr.P.C. for grant of pre-arrest bail in the above noted case, on the grounds that a false case has been foisted against him and other co-accused by the complainant with ulterior motives. As per petitioner, complainant is brother-in-law (sister's husband) of co-accused Ram Lal. Co-accused Ram Lal and his wife had borrowed money from the complainant. Final settlement was entered into on 20/7/2020 between co-accused Ram Lal and his wife on one side and complainant on the other. The settlement was finalized in presence of Atma Ram, a brother of the co-accused Ram Lal. The complainant had acknowledged the receipt of entire balance amount due from the co-accused Ram Lal and his wife in presence of petitioner and Balbir Singh as witnesses. Receipt was executed which was scribed by Atma Ram and was duly signed by the complainant in presence of aforesaid witnesses. Complainant was in possession of certain blank cheques signed by co-accused Ram Lal and his wife, which he had promised not to use after final settlement. The complainant, however, used these cheques and filed complaints against the co-accused Ram Lal and his wife under Sec. 138 of the Negotiable Instruments Act. Complainant also filed complaints with police by denying his signatures on receipt dtd. 20/7/2020. Police on inquiry found the dispute between the parties having civil overture. Complainant finally filed an application before the Judicial Magistrate 1st Class, Shillai, seeking direction under Sec. 156(3) Cr.P.C for registration of case. The case was accordingly registered. It is submitted on behalf of the petitioner that investigation has already been completed. All other co-accused have already been granted bail by this Court vide orders dtd. 8/3/2022 and 22/7/2022 respectively. It is submitted that the petitioner is innocent and has no connection with the alleged incident and has been falsely implicated in the case. Nothing is required to be recovered from the petitioner. He is permanent resident of Village Bhapil, Tehsil Shillai, District Sirmaur, H.P. He has already joined the investigation as and when required. In case the petitioner is granted pre-arrest bail, he shall not interfere in the investigation in any manner and shall not tamper with the prosecution evidence. Petitioner has undertaken to abide by all the conditions as may be imposed against him.

(3.) In response, the status report has been filed. It is revealed that dispute has been raised by the complainant with respect to genuineness of the receipt dtd. 20/7/2020 claimed by the co-accused Ram Lal and his wife to have been executed by the complainant. It is stated that all the accused including bail petitioner have associated themselves in investigation as and when required. During investigation, the police is also stated to have come across the facts as narrated in the bail petition. The police has already received the opinion of GEQD in respect of receipt dtd. 20/7/2020. It is alleged that some over-writing is there, which is being further investigated.