1. Applicant-Pankaj Verma has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’), for releasing him on bail, during the pendency of trial, in case FIR No. 202 of 2022, dated 14.09.2022, registered with Police Station Bhunter, District Kullu, H.P., under Sections 420, 466, 467, 468, 471, 120B and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’).

2. According to the applicant, he is an innocent person and has falsely been implicated in this case at the instance of some interested person. According to him, he has not committed any offence, for which, he has been arrested by the police, in this case.

3. The investigation, in the present case, is stated to be complete and nothing is to be recovered from him. The relief has also been sought on the ground of parity as his co- accused namely, Naem Chaudhary has already been released on bail vide order dated 24.03.2023.

4. Asserting the fact that he has no criminal antecedents, the applicant has prayed that he is ready to abide by the conditions to be imposed by this Court, in case ordered to be released on bail.

5. On the basis of above facts, Mr. Umesh Kanwar, learned counsel for the applicant has prayed that, on the ground of parity, the relief has been sought to be granted to the applicant.

6. When put to notice, the police has filed the status report disclosing therein that a complaint was made by the complainant to the police, with the allegations that various persons had cheated him. He has stated that he has obtained two policies of reliance Insurance Company. One person had called him that his policies were not secured and in order to secure the same, he could help him. That person, in order to secure the policies, demanded money, which, in turn, led the complainant to gave him Rs. 4,04,23,396/-.

6.1. It is alleged by the complainant that many persons are involved in the fraud. On the basis of this report, the above noted FIR No.202 of 2022 dated 14.09.2022 under Sections 420, 466, 467, 468, 471, 120-B and 201 IPC was registered. The police started investigation and arrested one Naem Chaudhary. Thereafter, police again went to Delhi and again arrested one Nitish Kumar. The police made some recoveries from them. The police recovered one cheque book issued in the name of AU Small Finance Bank of account No.2221211939966321 Cloud Particles through ATM card and cash. Nitish Kumar further revealed that the SIM has been given to Govind Kumar Pandey He has further revealed that ATM cards were given to them by one Pankaj Sharma resident of UP. The money was withdrawn by him through these ATM cards. In turn he got the commission.

6.2. The police, then, went to search for Govind Kumar and from SIM number 63846-04149 and found that this number was used by the accused Govind Kumar. Thereafter the police went in search of Pankaj Kumar (applicant) with accused Govind and Nitish and recovered SIM No. 93106- 52989 alongwith other electronic items. The police found credible evidence against the accused and so, all these were arrested for commission under offence under Sections 420, 466, 467, 468, 471, 120-B and 201 IPC. The police came into motion and arrested the accused persons.

7. It is the further case of the police that applicant Pankaj Verma has provided ATM card to accused Govind and in lieu of that, he used to get commission from him. The mobile phone of the applicant was also taken into possession by the police.

8. Lastly, it has been mentioned that accused persons, in this case, had cheated the different persons for a sum of Rs.4,18,00,000/-, other accused are yet to be arrested. The entire evidence against the accused persons is in a digital form and in case, the applicant is ordered to be released on bail he may destroy the evidence.

9. It has also been apprehended that the applicant is a very clever person and he is resident of the adjoining State and in case, released on bail, he may not be available during the trial.

10. On the basis of above facts, a prayer has been made to dismiss the application.

11. The role allegedly played by the applicant will be proved during the course of the trial. It is the specific case of the police that no other criminal case has been found to be registered against the applicant. In such a situation, the applicant is still presumed to be innocent. The application cannot be dismissed as a matter of punishment, as, pre-trial punishment is prohibited under the law.

12. The person cannot be kept in the judicial custody for indefinite period, merely on the fact that he has been named in a serious offence. The accused has every right to pursue his case after engaging a lawyer of his choice, after getting himself released on bail.

13. No doubt, the applicant is resident of Uttar Pradesh. On this ground, the relief cannot be denied to the applicant, for which, he is otherwise entitled. While releasing the applicant, stringent conditions can be ordered to be imposed.

14. So far as the other apprehensions are concerned, those apprehensions are not sufficient to decline the relief, as reasonable conditions, can be imposed. Even otherwise, the co-accused of the applicant namely, Naem Chaudhary has already been released on bail by the learned Additional Sessions Judge, Kullu vide order dated 24.03.2023. The role allegedly played by accused Naem Chaudhary, is similar to the role, which has been attributed to the applicant.

15. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed.

16. The applicant is ordered to be released on bail in case FIR No. 202 of 2022, dated 14.09.2022, registered with Police Station Bhunter, District Kullu, H.P., under Sections 420, 466, 467, 468, 471, 120B and 201 IPC, on his furnishing personal bail bond, in the sum of 1,00,000/-, with one surety of the like amount, to the satisfaction of learned Special Judge, Kullu. This order, however, shall be subject to the following conditions:

"a) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) He shall not leave the territory of India without the prior permission of the Court."

17. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail application.

18. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kullu through e- mail, with a direction to enter the date of grant of bail in the e-prison software.

20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kullu is directed to inform this fact to the Secretary, DLSA, Kullu. The Superintendent of Jail, Kullu is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.