Decided on January 01,2020

Vimal Kalra Appellant


CHANDER BHUSAN BAROWALIA, J. - (1.)The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 05 of 2019, dated 01.11.2019, under Section 420, 406 and 120B IPC, PS SV and ACB, Shimla, 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 neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.
(3.)Police report stands filed. As per the prosecution story, Shri Kamal Kishore (complainant) made a written complaint to the police wherein he alleged that he is resident of Panesh, Tehsil and District Shimla. As per the complainant, some people are roaming in the area, who are enticing people of the area to get financed vehicle and the vehicle will be engaged in companies at Punjab and Haryana.
These people are cheating the innocent people of the area and they get the vehicles financed from different finance companies. One Bhajan Lal (co-accused) in connivance with Raman and Sushil Kumar got the complainant financed a vehicle (Innova Crysta) and the same was taken to Haryana and registered at Dera Bassi and when the complainant asked for his vehicle, he was told that the vehicle will be engaged by some company and to this extent an agreement will be executed. When the vehicle was not returned to him, he made a complaint to the police, but no action was taken. Thus, the complainant was cheated for rupees twenty lac. The complainant has further alleged that the finance company is also involved with the accused persons and he is being pressurized not to complain the matter to the police. The complaint has further alleged that some blank cheques, issued by him to the finance company, have now been wrongly used and he has received notice qua those cheques. The complainant apprehends that his vehicle may also be used in some criminal act. Upon the complaint, so made by the complainant, police registered a case and the investigation commenced. During the course of investigation it was unearthed that the complainant got financed an Innova Crysta from AU Finance Chakkar, Shimla, and the petitioner alongwith Raman Singh and Sushil were involved. During further investigation it was unearthed that these persons also got two more vehicles financed and qua this two FIRs were registered.

As per the police investigation, these vehicles were illegally taken by the accused persons, including the petitioner, and intended to sell the same in Haryana. Police procured the sales records of the vehicles from the vehicle show rooms. One vehicle is recovered and two more are yet to be recovered. The petitioner joined the investigation on 17.12.2019 and now he is joining and co-operating in the investigation. The petitioner is hiding the facts and not disclosing about the two vehicles, which are yet to be recovered. The petitioner is also not disclosing about absconding accomplice, Ranjeet Singh. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious crime, he is very clever person. There is possibility that in case at this stage, if the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.


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