RAJESH PANDEYA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner, namely Rajesh Pandeya, who is behind bars, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 18/19, dated 26.3.2019, under Sections 420, 506 and 120 B of IPC, registered at P.S. Kotkhai, District Shimla, H.P.

(2.) Sequel to order dated 18.7.2019, ASI Puran Chand, PS. Kotkhai, District Shimla, H.P., has come present alongwith records. Mr. Sanjeev Sood, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(3.) Record/status report made available to this Court reveals that on 26.3.2019, complainant namely Susheel Chauhan alongwith 27 persons lodged a complaint at PS Kotkhai, alleging therein that in the year 2015, apple boxes were sold by them to a firm namely M/s Agri Fresh Trade Center, owned by one Pradeep Chauhan, S/o Sh. Inder Singh, R/o Village Tapri Gumma, Tehsil Kotkhai, District Shimla, H.P., but till date, they have not received single penny. Complainant as well as other persons as named in the complaint, further alleged that whenever they asked above named proprietor Pradeep Chauhan to give the money, he extended threats. Allegedly, proprietor Pradeep Chauhan also issued post dated cheques to the complainant as well as other persons, but subsequently he took back the same fraudulently on the pretext that amount would be paid in cash. Investigation reveals that proprietor Pradeep Chauhan categorically admitted factum with regard to selling of apple boxes to him by the complainant as well as other 27 persons, but claimed before the Investigating Agency that apple boxes were actually purchased by co-accused Akhilesh Jaswal and present bail petitioner Rajesh Pandeya. He stated to the police that since above named persons had no licence, apple boxes in question came to be purchased by them in the name of his firm i.e. M/s Agri Fresh Trade Center. As per investigation, sum of Rs. 1,62,99,000/- is payable by the accused to the complainant as well as other persons. On the basis of complaint, referred herein above, formal FIR as detailed above, came to be lodged against the present bail petitioner and other accused namely Akhilesh Jaswal under Sections 420, 506 and 120B of IPC. investigation reveals that co-accused Deepak Suresh Jaiswal already stands enlarged on bail vide judgment dated 26.6.2019, passed by this Court in Cr.MP(M) No. 1084 of 20129, whereas other accused, Pradeep Chauhan, who actually happens to be the main culprit, never came to be arrested,. Another co-accused namely Akhilesh Jaiswal is absconding and non-bailable warrants have been issued against him for securing his presence by court below.