Bhagwant Singh alias Billu vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 30 of 2009 dated 31.1.2009 registered at Police Station, Haroli, District Una, under Sections 420, 467, 468, 471 and 120B IPC. It has been stated that FIR has been registered on 31.1.2009 and vide notice dated 28.9.2011 the petitioner has been called at the Police Station, Haroli. It has been submitted that the petitioner is neither account holder nor there is any allegation that he has withdrawn any amount from the bank. It has been submitted that in the complaint made by the Branch Manager to the Incharge, Police Station, Haroli the petitioner has not been named. It has been submitted that the police is implicating the petitioner in the case merely on the ground that petitioner had been accompanying Sarbjit Singh Bhullar at the time of various transactions made by Sarbjit Singh Bhullar in the bank. It has been submitted that the petitioner on account of registration of the case and the notice dated 28.9.2011 apprehends his arrest in the above case. The prayer has been made for releasing the petitioner on bail with the submission that the petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court.

The status report has been filed in which there is no specific allegation constituting criminal offence against the petitioner regarding transactions made by Sarbjit Singh Bhullar and Nirmal Singh Chauhan bank employee. The case was registered on 31.1.2009. The actual part played by the petitioner for the commission of offence has not been pointed out, however, for the purpose of investigation. If the petitioner has been called by the investigating agency, then he has real apprehension of arrest in the above FIR. In these circumstances, the petitioner has made out a case for grant of bail.

In view of the above, the petition is allowed. In the event of arrest of the petitioner in FIR No. 30 of 2009 dated 31.1.2009 registered at Police Station, Haroli, District Una, under Sections 420, 467, 468, 471 and 120B IPC, he be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.