TILAK RAJ 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.79 of 2019, dated 27.03.2019, under Sections 420, 467, 468, 471 and 120B IPC, registered in Police Station Sadar Mandi, District Mandi, 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, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 26.03.2019 police received a complaint wherein it was contended that people used to invest through RD and FD in MGK Group of Company and when they asked for their investment, the petitioner, who runs the said company, refused. Thus, the said company committing cheating and thereby usurped the hard earned money of the people. The complaint was signed by Smt. Bimla, Smt. Pushpa and Smt. Pooja. On the basis of the complaint, police registered a case and the investigation ensued. The records of the said company were looked into and relevant seizures of the same were made. The petitioner is now joining the co-operating in the investigation. The petitioner revealed that in January, 2013, he met one Deepak Kumar, who told him that he is Manager of MGK Agriculture Holding Developer (India) Ltd., Ananadpur Sahib Branch and the head office of the company is at Moga. The said Deepak Kumar further told to the petitioner that company does the work of sale of agriculture plot and there is investment plant through RD for which 12% commission is paid. The petitioner joined the said company and was given agent code. As per the petitioner, he was not given any appointment letter or any authorization letter. The petitioner opened the office of the company and also deputed some agents. The petitioner used to deposit the money received for RD and FD in the account of the company and the receipts of deposit were used to be sent to Branch Office of the Company at Anandpur Sahib. Initially the company gave them Rs.13,500/- as commission but later on it was increased to Rs.90,000/- per month. Afterwards, the petitioner got printed pamphlets, stamps etc. of the company and he used to give receipts after stamping the same. It has come in the investigation that the petitioner alongwith one Rajinder Kumar without any licence opened a company and cheated people. It has further come in the investigation that Rs. 30,00,000/- (rupees thirty lac) is yet to be recovered from the petitioner. During the course of investigation, police recorded the statements of the witnesses. As per the police, investigation in the matter is still going on and in case the petitioner at this stage is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. Lastly, the prosecution has prayed that the petitioner was found involved in a serious offence and at this stage, his bail application may be dismissed, as the investigation in the case is going on and there is possibility that in case he is enlarged on bail, he may tamper with the evidence and may also flee from justice.