ARUN PATIAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with FIR No. 105 of 2015 dated 24.6.2015 registered under Sections 420 and 120 -B IPC at P.S. Amb District Una (H.P.). It is pleaded that petitioner did not misrepresent any fact to the complainant and it is further pleaded that complainant had full knowledge of the defect at the time when he purchased the machine. It is pleaded that petitioner will not tamper with prosecution evidence in any manner and will not hamper the prosecution case and will abide by all terms and conditions imposed by Court. It is pleaded that complaint of complainant was promptly attended and further pleaded that petitioner is only dealer of M/s. ABEL Excavators & Earthmovers Pvt. Limited and petitioner had no role in manufacturing the defect. Prayer for anticipatory bail application is sought.

(2.) PER contra police report filed. As per police report FIR No. 105 of 2015 dated 24.6.2015 registered against the petitioner under Sections 420 and 120 -B IPC in P.S. Amb District Una (H.P.). There is recital in police report that company M/s. ABEL Excavators and Earthmovers Private Limited of which Shri Arun Patial is Manager has no authority to sell the machine. There is recital in police report that despite no authority to sell the machine petitioner had sold four machines of huge consideration amount. There is further recital in police report that petitioner Arun Kumar had also committed cheating with Raman Kumar and Bimla Devi and got financed the money in the name of M/s. S.S. Traders from the bank and did not supply the tractor and water tanks to Raman Kumar and Bimla Kumari and their amount misappropriated for the personal economic benefit. There is further recital in police report that petitioner Arun Patial has took the loan from PNB Amb to the tune of Rs. 30 lacs (Rupees thirty lacs only) and did not liquidate the loan amount and separate complaint against the petitioner was filed which is under investigation. There is further recital in police report that another FIR No. 96 of 2015 dated 16.6.2015 under Section 420 and 120 -B IPC is also pending against the petitioner which was filed by Manjit Singh Parmar. There is further recital in police report that petitioner had committed cheating with many persons and had collected huge amount in an illegal manner. There is also recital in police report that petitioner has joined the investigation of case but is not cooperating with investigating agency and is not submitting any record of bills. There is recital in police report that specimen hand writing of petitioner is required in present case. Prayer for dismissal of anticipatory bail application is sought.

(3.) FOLLOWING points arise for determination in this bail application: - -