Cr.M.P.(M) No. 82 of 2009 3.3.2009 Present: Mr. Ajay Kumar, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 438 of the Code of Criminal Procedure for granting pre-arrest bail to the petitioner in FIR No. 55 of 2009 dated 20.2.2009 registered at Police Station, Manali, District Kullu under Sections 147, 149, 342, 323, 365, 452, 385 and 506 of the Indian Penal Code. Mr. Ajay Kumar has strenuously argued that his client is innocent and has been falsely implicated in the case. He has referred to an agreement dated 30.3.2006 according to which the parties have agreed to sell/purchase the hotel known as “Imperial Palace Hotel, Aleo, Manali comprising three storeyed building having 56 rooms and other facilities. He has further contended that the total consideration was Rs. 4 crores and 35 lacs and the petitioner had till date paid a sum of Rs. 2 crores and 40 lacs to the seller or his representatives. A sum of Rs. 1 crore and 95 lacs is the balance amount payable towards the consideration. He lastly contended that though the dispute primarily is civil in nature, however, to grab the property, the complainants had lodged the F.I.R. against the petitioner. The learned Senior Additional Advocate General has opposed the bail application. His primary contention is that the complainant was kidnapped by the petitioner in one scorpio jeep and the same has not been recovered as yet. He further contended that certain documents, like ledgers and registration etc. were forcibly removed by the petitioner from the hotel along with cheque book and six blank papers on which the signatures of the complainant were obtained forcibly. I have heard the parties and perused the record as well as the status report. It is not in dispute that the agreement was entered into between the parties on 30.3.2006. A substantial portion of the consideration money was paid to the seller. It appears that thereafter, some misunderstanding has taken place between the parties which also led to filing separate suits by the parties against each other in this Court as well as before the learned Civil Judge (Senior Division), Kullu. The Investigation Officer could not give the registration number of the scorpio jeep which had been used in this incident. He did not give any details about the steps taken to recover the scorpio in the State of Himachal Pradesh and in the neighbouring States. As far as the cheque book is concerned, its recovery is not important for the simple reason that the complainant could easily inform the Bank not to issue any cash against the cheques as per cheque book issued to him. The petitioner had undertaken to join the investigation. It is not necessary in this case to grant custodial interrogation of the petitioner even though some recoveries have to be effected, like ledger book, registration and six blank papers on which the signatures of the complainant have alleged to have been obtained by the petitioner and his accomplices. The petitioner has made out a case for the grant of bail to him. Accordingly, the bail application is allowed. The petitioner is ordered to be released on bail in case F.I.R. No. 55 of 2009 dated 20.2.2009 registered at Police Station, Manali, District Kullu under Sections 147, 149, 342, 323, 365, 452, 385 and 506 of the Indian Penal Code on his furnishing personal bond in the sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the learned Sessions Judge/Additional Sessions Judge, Kullu. He is directed not to terrorize or to tamper with the prosecution evidence. However, liberty is reserved to the prosecution to move an application for cancellation of bail if the petitioner violates any of the conditions imposed. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), J. March 3, 2009. (cr)