AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application, under Section 438 of the Code of Criminal Procedure, is maintained by the petitioner for grant of anticipatory bail, in case F.I.R. No. 32/2018, dated 14.04.2018, under Sections 405, 406 and 420 of the Indian Penal Code, registered at Police Station Swarghat, District Bilaspur, H.P.

(2.) As per the petitioner, he is innocent and due to some misunderstanding, the complainant made a complaint against him. Further he is joining and cooperating with the investigation and not in a position to flee from justice.

(3.) Police report stands filed. As per the prosecution case, the complainant is permanent resident of village Bhuvaie, P.O. Swahan, Tehsil Niana Devi, District Bilapur and was a registered owner of Bus No. HP-69-2967 with the registration authority i.e. RTO Bilaspur H.P. On 16.02.2015, accused purchased the above mentioned school bus from the complainant and the consideration amount has been paid by the accused, except some minor amount, which was to be paid by the accused at the time of handing over the NOC from RTO Office Bilaspur in favour of the accused to get the bus transfer in the name of accused in the concerned Registration Office Shimla i.e. RTO, Shimla. The complainant obtained the NOC certificate from RTO Office Bilaspur in favour of RTO Shimla with effect from 30.02015 and handed over the NOC Certificate to the accused along with all other requisite documents to transfer ownership of the above mentioned school bus in the name of accused. The complainant was fully assured that the above mentioned bus might have been transferred on the name of accused person with RTO Office Shimla, but unfortunately when complainant received a bailable warrant through Police Officials Swarghat, vide which, complainant was directed by the learned Mobile Traffic Magistrate, Shimla and Kinnaur to appear before him on 29.8.2017 pertaining to the challan under MV Act of the above mentioned bus. When complainant appeared before the learned Court of Mobile Traffic Magistrate, Shimla on 29.08.2017, then complainant came to know that accused is plying the above mentioned bus at Shimla and have not transferred the bus in his name. Thereafter the complainant also paid the fine of challan under MV Act. There was an affidavit regarding the sale purchase on 16.02.2015 between complainant and accused in which it was clearly mentioned that all the liabilities regarding this above mentioned bus i.e. civil and criminal will be borne by the accused after 16.02.2015 onwards. On 20.09.2017, complainant though her counsel sent a legal notice to the accused regarding the transfer of the bus but in spite of that accused did not take any action and paid no heed and did not transfer the bus till today and plying the bus without paying any taxes and passing etc. Hence the present case under Sections 405, 406 and 420 of the Indian Penal Code was registered against the petitioner.