KAMAL DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 6 of 2019, dated 29.07.2019, under Sections 420, 467, 468, 471, 120B IPC and Section 13(I)d of PC Act, 1988, registered in Police Station SV & ACB, Una, District Una, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 26.07.2019 police received a Final Inquiry report upon a complaint made by Smt. Daljit Kaur (complainant) to the Managing Director, Kangra Central Co-operative Bank H/Q Dharamshala. In the complaint it is contended by the complainant that in the year 2016 she took loan of Rs. 2,00,000/- from Kangra Central Co-operative Bank and on 03.07.2017 she visited the bank to deposit money and came to know that Rs. 5888/-, has been debited on 12.04.2017. The Branch Manager disclosed that this amount had been deducted from year account for health insurance, but she neither applied for such insurance nor signed any documents. She alleged that the bank authorities misappropriated the money. Upon the complaint, so made by the complainant, it was found that one Rahul Chandla (co-accused), employee of Religare Health Insurance Company in connivance with the petitioner, Branch Manager, Kangra Central Co-operative Bank, College Branch, Una, transferred Rs. 5888/- by forging her signatures. It was also found that they also illegally transferred money from the accounts of 23 account holders. So, the police registered a case and the investigation ensued. During the course of investigation, it was found that the petitioner illegally transferred the money from the accounts of the account holders to Religare Health Insurance Company as premium for Health Insurance. Co-accused Rahul Chandla forged the signatures of account holders and transferred the money to Religare Health Insurance Company. The petitioner is joining and co-operating in the investigation. Police seized the relevant records. In total Rs. 1,58,272/- was embezzled by the petitioner and the co-accused. Police recorded the statements of the witnesses. Co-accused Rahul Chaandla filed a bail application before he the learned Trial Court and the same is listed for hearing on 27.09.2019. As per the police, investigation in the case is in initial stages. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.