Bahar Din vs Union Territory Of Jammu And Kashmir

Tashi Rabstan, J

The application in hand has been filed by the petitioner seeking bail in anticipation of his arrest in case FIR No. 69/2019 registered with Police Station, Mahore for the commission of offence punishable under Section 420 IPC.

The case of the petitioner is that the petitioner is a government employee of the Forest Department, serving as Forest Guard in Gulab Garh Range, Tehsil Mahore, District Reasi and has invested in the company named as "Future Life Care Pvt. Ltd." and was duped by the aforesaid company like its other customers, for which an FIR already registered and the Managing Director of the aforesaid Company is under custody. It is also stated that the petitioner is not involved in the commission of any offence and has been threatened by the police that he would be arrested in the aforesaid FIR. It is contended that the petitioner's status is same as of the complainant, as both of them have lost their deposits with the Company.It is further stated that the petitioner was granted interim bail by the learned Principal Sessions Judge, Reasi on 28.11.2019 and the report was called from the respondent and the case was fixed for hearing on 04.12.2019. It seems that on04.12.2019 the petitioner's counsel was not present to seek further instructions in the matter, therefore, the learned Sessions Court deemed it appropriate to reject the interim bail granted to the petitioner. Therefore, this application has been preferred by the petitioner for grant of bail in anticipation of his arrest on the grounds taken in it.

Objections have been filed by the respondent-Station House Officer, Police Station Mahore, contending therein that the bail application filed by the petitioner is not maintainable as the petitioner is involved in the commission of offence under Section 420 IPC. It is further averred that the complainant, namely, Bashir-ud-Din filed an application before the respondent, alleging therein that the accused persons have cheated and duped the innocent people of area including the complainant by investing their money in the Chit Fund Company, but, have not returned the same on maturity. It is further stated that the investigation in case FIR No. 69/2019 is at its preliminary stage.

I have gone through the application and am of the considered view that the petitioner has made out a case for grant of interim bail. Accordingly, it is directed that in the event of the petitioner's arrest in case FIR No. 69/2019, dated 27.11.2019, registered with Police Station, Mahore, he shall be released on interim bail for a period of 20 days subject to following conditions:-

i) That the petitioner shall surrender before the Court of learned Chief Judicial Magistrate, Reasi, where he shall furnish bail bonds to the tune of Rs. 25,000/- with one surety of the like amount to the satisfaction of said Court.

ii) That during the period of interim bail, he shall not hamper or tamper with the prosecution witnesses/evidence.

iii) That he shall not leave the territorial jurisdiction of this Court without prior permission of this Court or the Investing Officer concerned.

iv) That he shall cooperate with the Investigating Officer in furtherance of the investigation as and when required.

This application is, disposed of, on the aforesaid terms. However, it is provided that the petitioner would be at liberty to lay motion for grant of regular bail before the competent court having jurisdiction and, if any such application is filed, in that eventuality, the same shall be considered and decided under law.