HARPREET SINGH 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.5 of 2019 dtd. 1/11/2019, under Ss. 420, 467, 468, 471 and 120-B of the Indian Penal Code registered at Police Station, SV and ACB, 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 permanent 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 Kamal Kishore, son of late Shri Narayan Dass, made a written complaint before the police about the cheating being carried out by certain persons in connivance with the finance companies. The complainant has alleged that in the year 2019, he was induced by one Sh. Bhajan Lal, to purchase a vehicle and the finance was arranged from one Sardarji. Bhajan Lal did not return the money, which was taken from said Sardarji, due to which said Sardarji had kept the vehicle of the complainant. Thereafter, Bhajan Lal got introduced the complainant with Raman alias Aman resident of Punjab, with the assurance that there is a scheme with regard to the vehicles. The vehicle will be deployed in the company and from which monthly income would be received. The finance of that vehicle would also be born by the said company. The complainant was asked to supply certain requisite documents. Thereafter, vehicle Innova Crysta which was purchased for about rupees twenty lac only was got financed. All the persons dealing with the complainant were conspiring with each other to cheat him. The vehicle was got registered at Dera Bassi, where the complainant asked for his vehicle, he was again assured that the vehicle would be employed in a company and an agreement will be executed. The complainant was again asked to supply blank stamp papers. Thereafter, vehicle of the complainant was not found.