LAWS(HPH)-2022-5-44

TENZIN LHAKPA Vs. STATE OF HIMACHAL PRADESH

Decided On May 13, 2022
Tenzin Lhakpa Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Sec. 438 of the Code of Criminal Procedure for grant of transit anticipatory bail, in case FIR No.RC0032022A0026, dtd. 10/5/2022, registered at P.S. CBI, ACB, New Delhi, under Ss. 7, 7A, 8 of PC Act, 1988 and Ss. 120-B, 419, 420, 468, 471 of the Indian Penal Code.

(2.) As per the learned Senior Counsel for the petitioner, she is innocent and has been falsely implicated in the present case. The petitioner is permanent of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and prays that the petitioner only wants to produce herself before the competent Court/authorities concerned.

(3.) As per the petitioner, she had applied for renewal of registration under the Foreign Contribution (Regulation) Act, on 29/4/2021, as per the procedure laid by the FCR to FCRA (MHA) for Dongyu Gatsal Ling, Nunnery. Later on 31/12/2021, one Mr. Ram Chand, called her to the Office of the petitioner and stated that he is calling from FCRA (MHA) and conveyed to the Office that annual return of Donghgyu Gatsal Ling, Nunnery, has not been filed properly. After receiving the call, the petitioner tried to contact FCRA (MHA), but was unable to do so and thereafter started searching the Internet and found that a consultancy firm, which could help the organization professionally for renewal of registration under FCRA. The petitioner came in contact with one Amita Chandra, who was the Director of M/s Shaurya Business Solutions Pvt. Ltd; and in furtherance of the discussion Amita Chandra told the petitioner that for the renewal of FCRA, the consultancy fees would be rupees four lac only. After negotiations Amita Chandra agreed to charge Rs.3,50,000.00, as consultancy fee, but the only condition which Amita Chandra insisted that she will take the entire amount of consultancy fees in cash, for which the petitioner agreed. Lastly, the petitioner has prayed that the petitioner be granted transit anticipatory bail for seven days only.