MUSTFA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Mustfa, who is behind the bars since 12.2.2018, has approached this Court for grant of regular bail in case FIR No. 210 of 2017, dated 22.09.2017, under Sections 420, 406, 120-B of Indian Penal Code, registered at Police Station, Sadar, District Bilaspur, Himachal Pradesh.

(2.) Sequel to order dated 23.03.2018, ASI Raj Kumar, police Station, Sadar, District Bilaspur, has come present in Court alongwith the record of the case. He has also filed his personal affidavit.

(3.) Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of the investigation carried out by the investigating agency, perusal whereof, suggest that complainant, namely Smt. Sunita Kumari, approached learned Judicial Magistrate, 1st Class, Bilaspur by way of an application filed under section 156(3) Cr.P.C., alleging therein that person, namely Gulshan Khan on the pretext of sending his son to Japan made her to deposit an amount of Rs. 6,00, 000/- in account No.106118901, in the name Mustfa, the present bail petitioner at Branch Tirur (Thazepal) and assured that he will get the Work Visa for his son through post after 3-4 days from the date of depositing the aforesaid amount. Complainant, who allegedly raised loan from Shri Ram Finance Company, transferred Rs.6, 00, 000/- in the bank account of the present bail petitioner, detailed hereinabove, but fact remains that son of the complainant was never provided Work Visa. The complainant repeatedly requested Gulshan Khan either to refund money or get the visa as assured by him, but since nothing was done, complainant was compelled to lodge the complaint, as taken note hereinabove. Learned Judicial Magistrate 1st Class, Bilaspur taking note of the averments contained in the application preferred under section 156(3) Cr.P.C., directed the SHO, Bilaspur to carry out investigation in the case.