ANIL KUMAR SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Three bail petitioners (namely, Anil Kumar Sood, Shivam Sood and Govind Singh and another employee, namely Bobby, who belonged to SC category) have come up before this Court seeking regular bail, under Ss. 439 of the Code of Criminal Procedure originating from F.I.R. No. 19 of 2024, dtd. 12/2/2024 registered with Police Station Sadar, Shimla for offences under Ss. 354, 506, 509 read with Sec. 34 IPC and Sec. 3(1) (r) and Sec. 3(1) (w) (i) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The case of the four bail petitioners, namely, Anil Kumar Sood in Cr.MP (M) No. 240 of 2024, Shivam Sood in Cr.MP (M) No. 241 of 2024, Govind Singh in Cr. MP (M) No.245 of 2024 and Ms Bobby in Cr.MP (M) No. 240 of 2024, as set up by them, is that on 30/1/2024, one lady, referred to as complainant 'X', alongwith her daughter came to the shop of the bail petitioners, namely, Arun Kumar Sood and Shivam Sood in which Govind Singh and Ms Bobby were employees, at about 3.30/4/0 p.m. It is averred that on reaching the shop, the complainant 'X', as referred to above, abused the petitioners and another employee. The bail petitioners have set up a case that the aforesaid complainant 'X' had visited the shop out of revenge for the reason that the bail petitioner, Anil Kumar Sood, has instituted a complaint under Sec. 138 of the Negotiable Instruments Act before the Judicial Magistrate, Shimla, in relation to bouncing of two cheques of Rs.50,000.00 each against the complainant 'X'. It is further averred that in two other cheque bounce cases under Sec. 138 of the Negotiable Instruments Act the bail petitioner, namely, Anil Kumar Sood, had got issued the notice under the statute against aforesaid complainant 'X'. In addition to this, it is averred that the bail petitioner, Anil Kumar Sood, intends to file some more complaints against the complainant 'X' in relation to other monetary transactions/liabilities which are outstanding/due from the complainant.

(3.) (ii). Likewise, the bail petitioner, Govind Singh, and Ms Bobby who were the employees of bail petitioners no 1 and 2, namely Anil Kumar Sood and Shivam Sood filed Cr.MP (M) No. 245 of 2024 titled as Govind Singh versus State of Himachal Pradesh, and Cr.MP (M) No. 252 of 2024 titled as Ms Bobby vs State of Himachal Pradesh, which were listed before this Court on 16/2/2024 and on surrender, their prayer for interim bail was considered and was accordingly granted by this Court.