SAMEER JAIN Vs. STATE OF H.P

JUDGEMENT

(1.) Through the instant application, cast, under the provisions 438, Cr.P.C., the, bail applicant seeks indulgence, of anticipatory bail being granted to him, given, his apprehending his arrest, for his allegedly committing, an, offence(s) punishable, under Sec. 420, and, Sec. 406 of the Indian Penal Code, in case FIR No. 153 of 2018 of 25/12/2018, registered at Police Station, Nahan, District Sirmour, H.P.

(2.) The bail-applicant is an appraiser of a jewelery, and, gold ornaments with the bank concerned, and, on his making, a, purported erroneous valuation of the gold items, he is alleged to conspire, with, the principal borrower, in, the latter receiving a sum of Rs.17,45,540.00, from, the bank concerned. Since the loan stands disbursed, vis-a-vis, the principal borrower, and, submits that r to when the Investigating Officer, who is present before this Court, the relevant investigation not unveiling, qua, the principal borrower after disbursement, of, loan qua him, his disbursing a part thereof, to the bail applicant, thereupon hence at this stage, prima facie it is concludable qua the bail-applicant, not, conniving with or hence his sharing, any, criminal conspiracy with the principal accused.

(3.) Also, the Investigating Officer is present in the Court, and, has, reported that the bail applicant has rendered, the, fullest cooperation to him, in his making the relevant investigation, thereupon, bearing in mind the aforesaid factum, this Court deems it fit and appropriate, importantly, when the Investigating Officer has reported that the bail petitioner, has throughout associated himself, hence, in the relevant investigation, to, hence afford, the facility of bail in favour of the bail applicant/petitioner. Moreso, when at this stage, no evidence has been adduced by the prosecution, demonstrating, that in the event of bail being granted to the bail applicant/petitioner, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, Accordingly, the indulgence of bail, is, granted to the bail applicant/petitioner, and, the order(s) rendered the following conditions:- r to on 22/11/2018 in Cr.M.P(M) No. 35 of 2019, are, confirmed, on,