(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. 102 of 2019, dated 15.06.2019, under Sections 420, 467, 468 and 471 IPC, registered in Police Station Theog, District Shimla, 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 keeping him behind the bars for an unlimited period, so he be released on bail.
(3.) Police report stands filed. As per the prosecution story, on 15.06.2019 upon the complaint of Shri Krishan Dutt Sharma (complainant), police registered a case. The complainant, in his complaint, alleged that funds have been embezzled from the account of Theog Jaivik Krishak Utpad Vipnan Sehkari Sabha Seemit Rehighat, Tehog, H.P. (hereinafter referred to as "Sabha"). As per the complainant, he is president of the said Sabha and it has 60 members. The chief aim of the Sabha was to popularize the organic farming and facilitate the members to market their produce. The Sabha used to get financial help from NABARD. The petitioner was appointed as Secretary of the said Sabha. The petitioner committed theft of 2-3 cheques and forged the signatures of the complainant and withdrew Rs. 30,000/- on 23.03.2018, but the amount was recovered from the father of the petitioner and it was deposited in the bank on 01.05.2018. Remaining cheques were stopped for payment. On 31.03.2019 the Sabha had closing balance of Rs. 1,86,997/-, but when the account was checked in the bank it reflected withdrawals of Rs.99,376/- on different dates by the petitioner. The petitioner got issued a new cheque book and pass book from the bank and embezzled the amount from the bank account of the Sabha. On the basis of the complaint, so made by the complainant, and the initial investigation carried out by the police, police registered a case against the petitioner. During the course of investigation, it was revealed that on 23.03.2018 the petitioner withdrew Rs. 30,000/- from the bank and on 01.05.2019 father of the petitioner deposited the said amount in the bank. It has also come in the investigation that the petitioner got issued a new cheque book and a passbook from the bank. Police seized the relevant records from the bank. The bank record revealed that on various dates the petitioner withdrew different amounts from the bank account of the Sabha, through different mediums. The petitioner also got prepared a seal of the Sabha and the original is with the Sabha. Rs. 99,376/- is yet to be recovered from the petitioner. As per the police report, the petitioner did not join the investigation despite notice. Investigation in the matter is going on and the petitioner is required for interrogation. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was 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.