MANJU BALA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing her on bail, in case FIR No. 42 of 2017, dated 07.03.2017, registered under Section 420 read with Section 34 of Indian Penal Code, 1860 (for short "IPC"), Sections 6, 7, 8 and 9 of The Lotteries Act (Regulation) and Sections 3, 4 and 6 of The Prize Chit and Money Circulation Schemes (Banning) Act, 1978, registered at Police Station Barmana, District Bilaspur, H.P.

(2.) As per the learned senior counsel for the petitioner, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of the place and not in a position to tamper with the prosecution evidence and flee from justice, thus she may be released on bail. He has further argued that the petitioner has been roped in by one Shri Manoj Kumar with ulterior motive and the police are not conducting fair investigation.

(3.) Police reports stand filed. As per the prosecution story, on 06.03.2017 police received a complaint wherein it was alleged that a company with name and style Electronics B.I.V. Three D Pvt. Ltd. is doing the business of lotteries. The petitioner alongwith others is Director of the said company and the address of the company is Sharma Building Main Chowk Kharsi, Tehsil Sadar, District Bilaspur, H.P. The petitioner and other Directors of the company allured the people with attractive prizes and with bumper prize of Eon car. Approximately 800 people joined the company, however, only 66 people were given prizes in the draws and remaining 734 people did not get anything. All 800 people, who joined the company, paid Rs. 6000/- (Rs. 500/- for twelve months). Therefore, it is alleged that the company embezzled around Rs. 40,00,000/- (rupees forty lac) by cheating 734 people. Police investigated the matter, took into possession receipts, lottery tickets and laptops. Statements of the witnesses were also recorded. Account statements of the petitioner and accomplice were also obtained. The account statement of petitioner revealed that during 01.01.2015 to 16.03.2017 total sum of Rs. 31,43,649/- (rupees thirty one lac forty three thousand six hundred forty nine) was deposited and Rs. 31,43,239/- (rupees thirty one lac forty three thousand two hundred thirty nine) was withdrawn. One Manoj has given nine cheques of different amounts to one Sanjeev Kumar (co-accused). All nine cheques were taken into possession by the police. Manoj Kumar has given total sum of Rs. 4,15,000/- (rupees four lac fifteen thousand), through cheques, and Rs. 8,89,250/- (rupees eight lac eighty nine thousand two hundred fifty), through receipts, to Sanjeev Kumar. Likewise, other two agents have also given money to the petitioner and co-accused. As per the prosecution, lap tops of the petitioner and coaccused have been sent for data recovery to FSL, Junga, and the report is awaited. The total worth of the property of the petitioner and coaccused is yet to be ascertained. Lastly, the prosecution prayed for dismissal of the bail application of the petitioner.