IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 707 of 2011 Date of decision: 14.9.2011 Ankit Thakur …. Petitioner Vs. State of H.P. ….. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General 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. 90 of 2011 dated 19.4.2011 registered at Police Station Sadar, District Hamirpur, under Sections 420, 120-B IPC. The status report filed and the same has been perused. 2. It has been stated that the petitioner has been falsely implicated in the case. He has committed no offence. The petitioner belongs to respectable family. He is ready to join the investigation and furnish bail bonds if he is released on bail. The petitioner apprehends his arrest in view of registration of the case. The custodial interrogation of the petitioner is not necessary. The petitioner has prayed for grant of bail. Whether the reporters of the local papers may be allowed to see the Judgment?yes 2 3. The application has been contested on the basis of status report. It has been stated that the case has been registered on the basis of the complaint of Smt.Santosh Kumari. As per investigating agency, the complainant had visited the ATM at Bhota alongwith her son for drawing some amount. When she was busy in counting the amount drawn from the ATM, the accused namely Akhil and Ankit handed over their ATM card to her son and took from the son her ATM card which complainant could not notice. Lateron the total amount of `98,300/- were drawn from the account of the petitioner through her ATM card on various occasions. It has been found that the amounts have been drawn by accused Nikhil, who told that he had given `.60,000/- to petitioner. He has also disclosed that offence was committed by both the accused. It has also come in the investigation that Nikhil accused has purchased laptop worth `.35,000/- from the amount illegally drawn from the account of the complainant. Nikhil has also disclosed that he has handed over the lap top to the petitioner for learning which he had not returned. Nikhil is below 18 years and has been handed over to his parents. The prayer has been made for dismissal of the bail application. 4. I have heard the learned counsel for the parties and perused the police file. The alleged part played by the petitioner in the commission of offence is distinguishable from the alleged part played by accused Nikhil. The allegations against the Nikhil are serious but keeping in view of his age, he has been handed over to his parents. The investigating agency has not shown for what purpose the custodial interrogation of the petitioner is required. It has not been denied that petitioner has joined the investigation. There is no allegation that he is 3 co-operating in the investigation. At this stage except for the stand of Nikhil nothing has been shown that in fact `.60,000/- out of the amount drawn from the account of the complainant was paid to the petitioner. The petitioner can be interrogated while on bail also. Thus, taking into consideration total facts and circumstances of the case, the petitioner has made out a case for grant of bail. 5. Thus, the petitioner is ordered to be released on bail under Section 438 Cr.P.C. in FIR No. 90 of 2011 dated 19.4.2011 registered at Police Station Sadar, District Hamirpur, under Sections 420, 120-B IPC in the event of arrest, on his furnishing personal bond in the sum of `20,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall continue to join the investigation and shall not hamper the investigation and tamper with the prosecution evidence or overawe the prosecution witnesses in any manner. 6. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as an expression of opinion on the merits of the case. Copy Dasti. September 14, 2011. ( Kuldip Singh), (GR) Judge.