KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 56 of 2016, dated 16.06.2016, under Sections 420, 467, 468 and 471 IPC, Police Station Tissa, District Chamba, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be enlarged on bail.

(3.) Police reports stand filed. As per the police report, on 08.05.2016, Shri Yog Raj, made a complaint to the police, wherein he has alleged that during the year 2006 the petitioner was Pradhan Gram Panchayat, Sanwal. As per the allegations, the petitioner depicted the name Smt. Jatti in MGNREGS work, whereas, Smt. Jatti used to work daily as Cook in Primary School, Sanwal. This fact came into light when one Shri Rasheeda sought information under RTI Act. The muster rolls of MGNREGS disclosed that Smt. Jatti w.e.f. 01.11.2006 to 30.11.2006 worked as Cook in Primary School, Sanwal, and w.e.f. 01.11.2006 to 30.11.2006 she was also shown as working in the play ground Sanwal. Smt. Jatti, on being asked, divulged that she neither worked in the work of play ground nor she was paid any money for that. It is alleged that the petitioner by doing so usurped money by using the name of Smt. Jatti. Upon the complaint, so made by Shri Yog Raj, a case was registered. Relevant record was taken into possession and the statements of the witnesses were also recorded. As per the prosecution, the petitioner is now joining the investigation and co-operating. The petitioner is in a position to tamper with the prosecution evidence and he is also in a position to flee from justice, so it has been prayed that the bail application of the petitioner may be dismissed.