JASWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail Petitioner, namely Jaswinder Singh, has come up before this Court seeking pre-arrest bail, under Sec. 438 of the Code of Criminal Procedure [hereinafter referred to as 'Cr.P.C.'] originating from FIR No.47, dtd. 23/12/2023, under Ss. 354, 354-A, 504 and 506 of the Indian Penal Code [hereinafter referred to as 'IPC'] registered at Women Police Station Una, District Una [H.P.] FACTUAL MATRIX

(2.) The case set up by Mr. Hemant Kumar Thakur, learned counsel for the petitioner, is that the complainant [X] had asked for financial assistance which was extended by the bail petitioner as per details in Para-3 of Annexure P-1. Since the amounts so given to the complainant [X] were not repaid, therefore, the bail petitioner got issued a legal notice on 1/9/2023 [Annexure P-1] but in vain. The bail petitioner is stated to have filed a suit for recovery of Rs.1,26,500.00 [Annexure P-2] with Civil Judge (Senior Division), Una, which is pending as on day. The bail petitioner is stated to have made a request to the Senior Superintendent of Police, Rup Nagar, on 27/28/10/2023 [Annexure P-3], requesting the concerned Police Authorities to take action against the complainant [X]. Since no action was taken, the bail petitioner was constrained to approach the High Court of Punjab and Haryana in CRM-M-56752-2023 (O&M) and the same was decided on 9/11/2023 [Annexure P-5], whereby, the Court concerned directed the Superintendent of Police, Rup Nagar, to decide the representation in accordance with law. It is further averred that on 25/12/2023, the bail petitioner made a request to the Superintendent of Police, Una, not to take action on any complaint submitted by the complainant against the bail petitioner, as the same is an outcome of the revenge and ulterior motives, just to escape the repayment of financial assistance so availed by the complainant.

(3.) The bail petitioner is stated to have filed a bail application No.27 of 2024 before the learned Additional Sessions Judge-II, Una, and the same was dismissed on 23/1/2024 [Annexure P-8] for want of presence, of the accused, at the time of hearing of the bail application.