P.S.RANA, J. - (1.)PRESENT anticipatory bail application is filed under Section 438 of the Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 53 of 2014 dated 20.9.2014 registered under Sections 420 and 120 -B of IPC in Police Station Kotkhai District Shimla (HP).
(2.)IT is pleaded that applicant is innocent and applicant undertakes not to influence or induce the prosecution witnesses and will abide by the conditions to be imposed by the Court. It is pleaded that applicant will join the investigation of case as and when required. Prayer for acceptance of anticipatory bail application filed under Section 438 Cr.P.C. is sought.
(3.)PER contra police report filed. As per police report, FIR No. 53 of 2014 dated 20.9.2014 registered under Sections 420 and 120 -B IPC at police station Kotkhai District Shimla. There is recital in police report that complainant and his family members are agriculturists and horticulturists by profession for so many generations and having big orchard and revenue at village Chol Tehsil Kotkhai District Shimla. There is recital in police report that complainant and his family members had a very good apple crop during this apple season and accused persons namely Suresh Kumar, Gulshan Kumar and Vinay Kumar claimed that they are registered commission agents with Agriculture Produce Marketing Committee Dhalli and performing there the business under trade mark Jai Durga Trading at Shop No. 7 APMC Market Subzi Mandi Gumma Tehsil Kotkhai District Shimla. There is further recital in police report that in the starting of apple season the accused persons approached the complainant at their native place village Chol and requested the complainant to supply apple boxes and gunny bags of apple for sale at their business center at Hulli near Gumma Tehsil Kotkhai. There is further recital in police report that accused agreed that payment of the whole apple crop will be made to complainant within one week from the last supply of apple boxes. There is further recital in police report that complainant Sukh Dev had supplied 1755 apple boxes and 63 gunny bags of apple to accused persons during the apple season from dated 5.8.2014 to 20.8.2014 on various dates on 23 occasions and total sale price approximately comes to Rs. 25,70,905/ - (Rupees twenty five lacs seventy thousand nine hundred five only) which is payable to complainant. There is recital in police report that accused assured the complainant that within one week from the last supply of apple boxes the payment would be given. There is further recital in police report that complainant supplied the apple boxes and gunny boxes of apple to accused persons. There is further recital in police report that complainant went to the shop of accused for payment of Rs. 25,70,905/ - (Rupees twenty five lacs seventy thousand nine hundred five only) but accused persons have left the business from Hulli (Gumma) and accused persons had cheated so many apple growers during this apple season. There is recital in police report that thereafter complainant went to the office of APMC Dhalli to enquire about the licence of accused persons but complainant was informed by APMC authorities that no licence has been issued in the names of accused persons. There is further recital in police report that accused persons have received the apple boxes with intention to cheat the complainant deliberately and by way of misrepresentation of facts that accused persons are registered commission agents with APMC Dhalli. There is also recital in police report that accused persons have cheated the complainant in furtherance of criminal conspiracy and received the sale price of apples by supplying the apple boxes to the various markets throughout India. There is further recital in police report that after registration of criminal case matter was investigated and during investigation it was observed that no licence was issued in the names of accused persons by APMC Dhalli as commission agents. There is further recital in police report that accused persons have purchased the apples of villagers. There is further recital in police report that accused persons have purchased the apples from villagers without any licence of commission agents in consideration amount of Rs. 50,00,000/ - (Rupees fifty lacs only). There is further recital in police report that accused persons are liable to pay Rs. 25,00,000/ - (Rupees twenty five lacs only) to complainant namely Sukh Dev. There is further recital in police report that Suresh Kumar and Gulshan Kumar have been released on bail by Sessions Court Shimla. There is also recital in police report that in present case no recovery is to be effected from accused persons. There is further recital in police report that if applicant is released on bail then applicant will threat the prosecution witnesses and will also influence the investigation of case. Prayer for rejection of anticipatory bail application is sought.
Court heard learned Advocate appearing on behalf of the applicant and learned Additional Advocate General appearing on behalf of the State and also perused the record.