IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 729 of 2011. Date of decision: 12.10.2011. Janak Raj ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev Kuthiala, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General with Mr. J.S.Rana, Asstt. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 438 Cr.P.C., for releasing the petitioner on bail in FIR No.36 of 2011 dated 11.9.2011 registered at Police Station, Chintpurni, Distt. Una under Sections 408,420 IPC. The status report filed and the same has been perused. 2. It has been stated in the application that petitioner was previously Secretary of Upper Lohara Cooperative Society, District Una. There was another Lower Lohara Cooperative Society. The aforesaid two societies were amalgamated and Uttam Chand Vashisth is the President of amalgamated society. It has been alleged that Uttam Chand Vashisth has personal enmity with the petitioner, who has alleged that after amalgamation of the societies, Whether the reporters of the local papers may be allowed to see the Judgment? …2… the petitioner has not handed over the entire record to the amalgamated society. 3. It has been alleged in the petition that prior to amalgamation, the record of the society was with the then President Amar Singh, who has since died. The petitioner has no record with him. The order of amalgamation is under challenge. Uttam Chand Vashisth has got entire record with him. The petitioner is apprehending his arrest in the case in view of registration of FIR. The petitioner is innocent. He is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. 4. The bail application has been opposed on the basis of status report in which it has been stated that entire record has not been handed over by the petitioner to the society after amalgamation or to the investigating agency. In the status report, ultimately it has been stated the charge list is signed by the petitioner and Ramesh Chand Secretary. Shamsher Singh Inspector, who is working as audit officer in the office of Asstt. Registrar, Cooperative Societies, Una has disclosed that running record has been handed over by the petitioner to Secretary Ramesh Chand vide receipt dated 18.4.2008. 5. It has also been stated in the status report that on the basis of letter dated 10.10.2011 addressed to Block Incharge Society, Amb and letter dated 21.9.2011 addressed to Asstt. Registrar, Cooperative Societies, Una, report is awaited and further investigation will be pursued. Thereafter it can be ascertained which document should have been handed over by the petitioner to the members of the society. This will be revealed from the details if made available by …3… the office of Asstt. Registrar, Cooperative Societies, Una and office of Block Incharge, Amb. Thereafter the petitioner and other members will be interrogated and only thereafter truth will come out. This stand of the investigating agency in the status report indicates that as of today, the investigating agency is not clear which documents are still with the petitioner which should have been handed over by him to the society after amalgamation. 6. In the FIR lodged by Uttam Chand complainant, there is general allegation against the petitioner that he has not handed over the entire record of `Upper Lohara Bhu Sharkshan Avam Cho Reclamation Sehkari Sabha’ to amalgamated society namely `Lohara Bhu Sharkshan Sehkari Sabha Ltd.’ The petitioner has filed an affidavit dated 29.9.2011 that in the meeting dated 24.9.2011 the interested persons decided that the entire record of erstwhile Upper Lohara Cooperatrive Society would be handed over to SHO/ I.O. in the presence of certain members as well as the petitioner and such record was handed over to I.O/ S.H.O. on 26.9.2011. The petitioner in the affidavit has stated that nothing is due from him and all the documents as well as record of the society have been handed over to SHO/ IO concerned. 7. In the status report, as noticed above, the investigating agency is yet to ascertain what record is still with the petitioner which has not been handed over by him either to the society after amalgamation or the investigating agency. Thus, the petitioner has made out a case for grant of anticipatory bail in his favour. …4… 8. Accordingly, the application is allowed and it is directed that in the event of arrest of the petitioner in FIR 36 of 2011 dated 11.9.2011 registered at Police Station, Chintpurni, Distt. Una under Sections 408,420 IPC, he shall be released on bail on his furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of arresting officer with the condition that petitioner shall join/ cooperate in the investigation as and when called upon to do so by the investigating officer and shall not hamper the investigation or tamper with the prosecution evidence in any manner. 9. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. Dasti copy. October 12, 2011. ( Kuldip Singh ) (Hem) Judge.