IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 719 of 2011 Date of decision: 15.10.2011 Vipul Natwar Kapadi …. Petitioner Vs. State of H.P. ….. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. N.K.Thakur, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. Kuldip Singh, Judge (Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 177 of 2011 dated 17.8.2011 registered at Police Station Sadar, Nahan, District Sirmaur, under Sections 420, 406 and 379 IPC. 2. It has been stated that the petitioner joined Pioneer Embroideries Ltd. Village Kheri, Kala Amb, District Sirmaur. The petitioner served the aforesaid concern sincerely, honestly and diligently. There was no complaint against the working of the petitioner in the aforesaid unit as Manager (Master Batch). Whether the reporters of the local papers may be allowed to see the Judgment? yes 2 3. The parents of the petitioner are living in Silvassa which is 1500 Kms. from Nahan. It became difficult for the petitioner to take care of his parents at a far of place. The parents of the petitioner also insisted the petitioner to do some work near his native place. In these circumstances, the petitioner decided to resign from Pioneer Embroideries Ltd. and submitted his resignation through E-mail dated 9.7.2011 with the request that his resignation be accepted and he be relieved w.e.f. 31.7.2011. 4. The petitioner came to know that a case has been registered against him at Police Station, Nahan at the behest of A.V.S. Yadav, General Manager, Pioneer Embroideries. The allegations against the petitioner are flimsy and sketchy. The precise allegation against the petitioner is that he had loaded down some documents of Pioneer Embroideries Ltd. and some allegations for committing alleged offence under Sections 406, 420 and 379 IPC, have also been made. The lodging of the FIR has been confirmed by the police on telephone.The petitioner filed bail application in the Court of learned Sessions Judge, Dadra and Nagar haveli, Camp at Daman, who allowed transit bail to the petitioner till 9.9.2011. 5. The petitioner is innocent. He has committed no offence. The case has been registered against the petitioner due to revengeful attitude of the management of Pioneer Embroideries, who did not allow the petitioner to leave their concern and to join in any other concern. The petitioner served the complainant’s company for about 4 years. In view of registration of the case, the petitioner apprehends his arrest. 3 The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this Court, hence the bail application. 6. The status report has been filed. It has been stated that the case has been registered under Section 156 (3) Cr.P.C. on the direction of the learned Chief Judicial Magistrate, Sirmaur District at nahan. The petitioner has joined the investigation. The investigating agency has taken into possession electronic record which is to be sent to the Forensic Science Laboratory and opinion of the expert is to be taken. The petitioner is to be interrogated on software installer /expert which was got installed in the complainant’s company during the tenure of the petitioner. The petitioner joined the investigation on 1.10.2011 and thereafter on account of illness of his father, he has gone to Silvassa. The bail application has been opposed. 7. Heard and perused the record. The interim bail was granted to the petitioner on 13.9.2011. Thereafter, it was extended from time to time. The petitioner also joined the investigation, however, on 1.10.2011 the petitioner had gone to Silvassa to attend his ailing father as per status report. The petitioner can be interrogated during bail also and he is under obligation to co-operate with the investigating agency. In these circumstances, the petitioner has made out a case for grant of bail under Section 438 Cr.P.C. 8. Thus, in the event of the arrest of the petitioner in FIR No. 177 of 2011 dated 17.8.2011 registered at Police Station Sadar, Nahan, District Sirmaur, under Sections 420, 406 and 379 IPC, he is directed to be released on bail on his furnishing personal bond in the sum of `25,000/- with one surety of the like amount to the satisfaction of the 4 Arresting Officer with the condition that the petitioner shall join the investigation by reporting to the concerned Investigating Officer on 20.10.2011 at Nahan and shall continue to join the investigation as and when directed by the Investigating Officer. The longer date for reporting has been given to the petitioner keeping in view that petitioner has gone to Silvassa as per status report. In case the petitioner fails to join the investigation on 20.10.2011, as directed, then the investigating agency shall be at liberty to take appropriate steps for cancellation of bail of the petitioner and in that eventuality, the notice to the counsel representing the petitioner in the present case by the Court shall be deemed to be the notice to the petitioner. Copy dasti. October 15, 2011. ( Kuldip Singh), (GR) Judge.