GOPAL CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PRESENT application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of anticipatory bail in connection with case FIR No. 26 of 2014 dated 10.7.2014 registered under Sections 420, 465 and 471 of the Indian Penal Code at Police Station Jubbal District Shimla Himachal Pradesh.

(2.) IT is pleaded that applicant is an agriculturist and apple merchant. It is further pleaded that service of complainant namely Bhupinder Singh son of Late Sh Roop Chand resident of Mandhol Tehsil Jubbal District Shimla HP was hired for transportation of 130 boxes of apples from Matasa (Jubbal) to Solan in the month of July and August, 2014. It is further pleaded that apple boxes transported in the vehicle were found lying on the road between Kharapathar and Kaina Kenchi road due to loosing of rope of the truck. It is further pleaded that boxes were further reloaded in the same vehicle. It is further pleaded that as the apple boxes were got damaged the parties arrived into a compromise that complainant would compensate applicant to the extent of damage caused to the applicant. It is further pleaded that complainant just to avoid the liability towards applicant filed a false criminal complaint against applicant. It is further pleaded that allegations leveled by the complainant against the applicant are without any basis. It is further pleaded that applicant is innocent. Prayer for acceptance of anticipatory bail application sought.

(3.) PER contra police report filed. There is recital in police report that applicant Gopal Chauhan has also filed counter FIR No.61 of 2012 dated 5.10.2012 under Section 407 IPC against complainant. There is further recital in police report that applicant Gopal Chauhan has also submitted carbon copy of G.R builty during investigation of FIR No.61 of 2012 and thereafter cancellation report was submitted before learned Judicial Magistrate Ist Class Jubbal which was accepted by learned Judicial Magistrate Ist Class Jubbal. There is recital in police report that carbon copy of G.R.builty was sent to FSL Junga for comparison of signatures and it was found that complainant Bhupinder Thakur had not signed in the carbon copy of G.R. builty and his signatures were obtained through some other persons. There is further recital in police report that applicant had joined investigation in the present case. There is further recital in police report that applicant will threaten the prosecution witness. Prayer for rejection of anticipatory bail application sought. Following points arise for determination in the present bail application: