MADAN GOPAL CHAUHAN 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.8/2021, dtd. 17/7/2021, under Ss. 420, 409, 465, 468, 471, 472 and 120-B of the Indian Penal Code registered at Police Station, CID Bharari, 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 Makhan Singh (complainant) made a complaint before the police alleging therein that he is Regional Manager, Regional Office, Solan, Himachal Pradesh Gramin Bank, and duly authorized by the competent authority to represent the case and submitted that Jitender Verma, Daulat Ram, Sanjeev Kumar, Sapna and Ram Lal, committed fraud by obtaining Bank loan on the basis of forged documents. They are brokers, who helped in manipulating the documents. It is further alleged in the complaint that as per the Banking norms for obtaining the Bank loan, loanee has to submit his documents of land and 'No Objection Certificate' from the concerned Patwari to the effect that there is no loan against the property. After sanction, the loanee has to create the charge by way of mutation in favour of the financing Bank in case of KCC loan and in case of housing loan, loanee has to create the charge on land and building by way of execution of registered mortgage deed. The accused persons forged the signatures of the Sub Registrar, Theog, by putting the forged stamps on the documents, so that it may appear genuine and thereafter submitted the same to the Bank concerned. By using the camera trick, the photographs of the executants is also procured by forging the document and also mentioned the fake registration number on all the mortgaged deeds.