SURESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Sec. 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 125 of 2018, dated 28.08.2018, under Sections 420 and 506 Penal Code read with Sec. 34 IPC, registered in Police Station Bhoranj, District, Hamirpur, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. They are ready and willing to joing the investigation, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, Shri Kartik Sushant (complainant) made a complaint to the police alleging that he is running an I.T. Company in the name and style of Daten Technologies, Mandi, H.P. The complainant has further alleged that in May, 2018, he uploaded an advertisement on OLX website for selling a television set. Petitioner Pawan Kumar telephoned the complainant and told that he runs hotel business in Nahan and needs televisions and further told him that televisions are also needed for government supply. On the asking of petitioner Pawan Kumar, on 18.06.2018 the complainant went to Jahu to meet him. Both the petitioners agreed to the proposal of the complainant for selling the televisions. The complainant handed over a television set to the petitioners as sample. The petitioners issued a cheque amounting to Rs. 1,55,000/ on the name of the company of the complainant, but no date was mentioned therein. The petitioners gave order to the complainant to supply 13 televisions and the price of televisions, according to its model and specification, was also settled. Total amount, which was to be paid by the petitioners, was Rs.1,73,950/ and the petitioners booked 13 televisions and other goods through Sood Goods Transport Co. 4019, Near OBC Bank Naya Bazzar, Delhi, Vide G.R. No. DLI 007204, dated 23.06.2008 and on 30.06.20018 the goods alongwith the televisions arrived at Jahu. As per the complainant, he purchased the above televisions from Trishul Enterprises, Old Lajpat Rai Market, Delhi, and paid Rs.64,512/ through Invoice No. TEGST 605, dated 23.06.2018. The complainant handed over the above televisions to the petitioners and in lieu thereof petitioner Suresh Kumar issued cheque No. 140210, for Rs.1,60,000/ and the cheque amounting to Rs.1,55,500/, issued earlier, was returned by the complainant to the petitioners. However, the cheque issued by petitioner Suresh was dishonoured due to insufficient funds. When the complainant demanded his money the petitioners threatened him to do away with his life and they also refused to pay money. On the basis of the complaint, so made by the complainant, a case was registered and the investigation ensued. During the course of investigation it was unearthed that the petitioners are involved in many other cases. As per the prosecution, the petitioners are very clever persons and in case they are enlarged on bail, they may flee from justice and may also tamper with the prosecution evidence. Lastly, the prosecution has prayed that the bail application be dismissed.