SUNIL KUMAR @ SUNNY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Sunil Kumar @ Sunny, who is behind the bars since July, 2017, has approached this Court in the instant proceedings, filed under Section 439 Cr. P.C., praying therein for grant of regular bail in connection with FIR No. 81/2017, dated 14.07.2017, under Sections 420 of IPC, registered at Police Station Lambagaon, District Kangra, Himachal Pradesh.

(2.) Sequel to order dated 20.04.2018, ASI Vijay Kumar has come present with record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating Agency. Record perused and returned.

(3.) Perusal of record/status report reveals that FIR detailed hereinabove, came to be registered at the behest of the complainant Ms. Babita, who alleged that bail petitioner taking undue advantage of her ignorance to operate ATM, exchanged her ATM Card and subsequently fraudulently withdrew an amount of Rs. 1,73, 520/- from her account. Complainant after having received message in her mobile with regard to withdrawal made by the bail petitioner, came to know with regard to fraud played upon her by the bail petitioner and as such, lodged complaint against the bail petitioner. On 20th April, 2018, Ms. Sheetal Vyas, learned counsel representing the bail petitioner while inviting attention of this Court to (Annexure P-3 at Page-19) contended that entire amount i.e. Rs. 1,73, 520/- allegedly withdrawn by the bail petitioner fraudulently misusing ATM Card of the complainant stands refunded to her and in this regard, an application under Section 320 Cr. P.C, before the learned Court below, praying therein for compounding of offence allegedly committed by the bail petitioner was preferred, but the same was rejected.