Full Text
I BAIL APPLN.3868/2021
DEEPAK MADAN Petitoner
Through: Mr. Anurag Jain and Mr.Ujwal Ghai, Advocates.
Through: Ms.Rajni Gupta,APP for the State.
Mr. Manish Kumar, Mr. Vijay K Sharma and Mr. Mridul Jhalani, Advocates for R-2.
29.04.2022
ORDER
1. This matter has been listed today seeking clarifications/direction.
2. The present application has been filed bythe petitioner under Sections 438/482 Cr.P.C.seeking transit anticipatory bail for a period ofeight weeks in FIR/Crime No. 10/2021 registered at Police Station CID,Bhradi,District Shimla,H.P.
3. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and no details of the complaint were given by the police officials ofthe respondent no. 2. It is further submitted that petitioner had filed an RTI with respondent no. 2 asking details ofthe complaint,however,the same were turned down by the respondent no.2.It is further submitted that on 06.10.2021, applicant received a notice wherein it was stated that the present FIR has been registered against the present 2022:DHC:5962 petitioner. It is further submitted that applieant had made considerable amount of payment towards the purchase of goods which is apparent from the bank account statements ofthe complainant. It is further submitted that the dispute is purely civil in nature and has been given a criminal colour. It is further submitted that petitioner apprehends arrest and he may not be arrested on his way to reach Bhradi,Distt. Shimla,H.P.prior to applying for anticipatory bail in the court ofcompetentjurisdiction, hence the petitioner may be granted transit anticipatory bail for eight weeks.
4. On the other hand, it is submitted by learned APP for the State/respondent no. 1 and the learned counsel for respondent no.2/State of Himachal Pradesh that allegations against the petitioner are serious in nature. It is further submitted that the applicant had purchased the goods from some sellers and paid only Rs. 5,00,000/- out ofRs. 32,00,000/-. It is further submitted thatthe petitioner has fraudulently cheated various sellers. It is further submitted that the petitioner is avoiding investigation, not cooperating and not appearing before the authorities, hence, the present petition may be dismissed.
5. At this stage, 1 am not going into the merits ofthe case and looking into the facts and circumstances of the case, petitioner is granted transit anticipatory bail for a period of14 days to approach the eoneemed courtfor appropriate orders.Therefore,in the eventofarrest,petitionerbe admitted to bail on his furnishing personal bond in sum ofRs. 20,000/- with one surety in the like amount to the satisfaction of the Arresting Offieer/SHO/lO concerned,subjectto the conditions that he shalljoin the investigation ofthe case in relation to FIR/Crime No. 10/2021,P.S.: CID,Bhradi,Distt. Shimla, H.P. and shall keep his mobile phone on at all the times and shall drop PIN on the Google Map to ensure that his location is available to the10.
6. It is made clear that it is only an interim measure, and trial court should not getinfluenced by any observation made in this order.
7. The petition is,accordingly,disposed of.
RAJNISH BHATNAGAR,J APRIL 29,2022 ?