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Judgment
Kuldip Singh, J.—This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 163/2011 dated 15.07.2011, registered at Police Station, Sadar, Bilaspur, under Sections 420, 406, 120-B IPC. It has been stated that petitioner has committed no offence nor he is connected with the above case. On account of registration of the case, the petitioner is apprehending his arrest in the above case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. The petitioner earlier filed bail application which has been dismissed by learned Sessions Judge, Bilaspur, on 23.12.2011.
The status report has been filed. It has been stated that case has been registered on the written complaint of Sanjeev Kumar. The complainant is running a hardware shop at Ghagas. On 05.06.2011, two persons came in the shop, one person asked the rates of steel and cement and the other asked the rates of Dr. Fixit. They had placed order of 30 quintals steel and 20 Kg binding wire. But, later on, they ordered 25 quintals steel, ultimately 24 quintals 51 Kg 550 gms steel vide bill Nos. 156 and 157 dated 05.06.2011 amounting to `99,773/- was loaded in two vehicles. One person issued a cheque of Rs. 99,750/- drawn on S.B.I., Sarkaghat. One person disclosed his name Shoki and another Pawan Kumar. The cheque was bearing the name of Pawan Kumar.
The complainant refused to supply the material on cheque, but Pawan Kumar persuaded the complainant to supply material on the basis of cheque. The father of the complainant had gone to Uco Bank, Beri, for depositing the cheque, but it was found that that cheque was dated 09.06.2011. This created suspicion. The complainant went to the spot where the steel was unloaded and found that the steel was lifted from there and was sold somewhere-else. On inquiry, the people told that the persons who took the steel were doing cheating. On this the case was registered.
It has come in the investigation that Pawan Kumar had opened account in State Bank of India, Sarkaghat, on 05.05.2011 with `1,000/- and till 09.06.2011 the balance was `86/- in that account. Pawan Kumar cheated complainant Sanjeev Kumar. Pawan Kumar was arrested on 23.03.2012 in FIR dated 19.02.2011 under Sections 420, 120-B IPC, registered at Police Station, Dharamshala. He was released on bail. It has been stated that 11 cases were registered against Pawan Kumar at Police Stations Bharari, Jawalamukhi, Talai, Sadar Mandi, Paonta Sahib, Padhar, Sundernagar, Sarkaghat, Hamirpur, under Sections 420, 467, 468 IPC etc. from the year 1992 to the year 2009.
Heard and perused the record. The learned counsel for the petitioner has stated that petitioner has been arrested in some case registered at Police Station, Hamirpur, but he is not aware of the details of the case. In the status report, it has been stated that petitioner was arrested on 23.02.2012 in a case registered at Police Station, Dharamshala. It appears the petitioner is habitual in committing offence u/s 420 IPC etc. In the present case, the petitioner obtained material worth `99,773/-, issued cheque of `99,750/- of the account in which he had only `86/- on 09.06.2011 the date of the cheque. The learned counsel for the petitioner has submitted that it is a civil liability and in order to harass and put pressure on the petitioner, the case has been registered. The petitioner is not the first offender. As per the status report, he is already an accused in 11 cases. In addition to this, he was arrested recently in the cases registered at Police Stations, Dharamshala and Hamirpur. The petitioner is not entitled to indulgence of bail u/s 438 Cr.P.C. at this stage. Hence, petition is dismissed. The observations made in the judgment are for disposal of the bail petition and the same shall not be construed as an expression of opinion on the merits of the case.