1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 818 of 2011. Date of decision: 21.10.2011. Hem Raj Negi & another. ......Petitioners. Versus State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ?1 No For the Petitioners : Mr. Ajay Kumar, Advocate. For the Respondent : Mr.J.S.Rana,Asstt. Advocate General. Kuldip Singh ,Judge( Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioners on bail in FIR No.4/2011 dated 27.09.2011, registered at Police Station SV &ACB, Kinnaur at Reckong Peo, under Sections 420,120-B IPC and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. The status report filed and the same has been perused. 2. It has been stated that on 04.10.2011 petitioners were surprised to read in vernacular newspaper that a case has been registered against the petitioners and one Kanungo for allegedly obtaining the land under the 'Nautor' Rules in the year 1998 on the basis of alleged false and wrong reports. It has been alleged that complaint has been lodged by one Surjan Singh. The 'Nautor' grants pertain to the year 1998, a civil case is going on between petitioners and the complainant with respect to the said land in the Court of learned Civil Judge (Senior Division), 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 Reckong Peo in which interim injunction has been passed in favour of the petitioners and against Surjan Singh. The petitioners have filed application for disobedience against complainant Surjan Singh and also a complaint with the police. 3. It has been alleged that Surjan Singh is close to the politicians of the day and by exercising his political clout and influence, he has managed to get a false case registered against the petitioners. The relations between petitioners and Surjan Singh are not cordial. The petitioners apprehend their arrest in the aforesaid case. 4. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of the Court. The prayer has been made for releasing the petitioners on bail. 5. The bail application has been opposed on the basis of the status report. It has been stated that on 23.09.2011 endorsement No. Reader/SR/2011/8474 dated 23.09.2011 from the Office of the Superintendent of Police, State Vigilance and Anti Corruption Bureau,Southern, Shimla, was received and on that basis the case has been registered. In fact, the complaint has been lodged by one Charanjiu, son of Surjan Singh. 6. It has been stated in the status report that the complaint was enquired and it has been found that the 'Nautor' land has been granted in the year 1998 to Hem Raj on the false report of Dilbag Singh Negi, the then Field Kanungo. The Kanungo had reported that there were no trees on the land, whereas, during investigation, it has been found that there are 24 'Kail' and 1 'Rai', total 25 trees on the land. Out of said trees, 15 trees are aged between 20 to 60 years. In the application for 'Nautor' 3 grant, Hem Raj has stated the number of trees on the land nil. The Patwari, Sangla, as per jamabandi for the year 1995 has reported that the land is 'Charagah Bila Darkhtan'. Patwari and Kanungo had given false reports. The learned Assistant Advocate General has prayed for rejection of the bail application. 7. The learned counsel for the petitioners has submitted that petitioner No.1 is on the verge of retirement. The case of the Investigating Agency is documents based. No recovery is to be made from the petitioners. He has submitted that trees are on the adjoining land and not on the land of the petitioners. But, assuming that there are trees as alleged by the Investigating Agency on the land of the petitioners, those trees will remain there. In the status report, it has not been alleged that petitioners are not co-operating in the investigation. The case is documents based and the allotment of the 'Nautor' land was made in the year 1998, whereas, complaint has been lodged now after more than 10-12 years. The petitioners have made out a case for grant of bail under Section 438 Cr.P.C. 8. Thus, application is allowed and in the event of arrest of petitioners in FIR No.4/2011 dated 27.09.2011, registered at Police Station SV & ACB,Kinnaur at Reckong Peo, under Sections 420,120-B IPC and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988,they be released on bail on their furnishing personal bonds in the sum of `20,000/- each with one surety each of the like amount to the satisfaction of the Arresting Officer with the condition that petitioners shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the 4 investigation and tamper with the prosecution evidence in any manner. The petitioner No.2 being a woman be interrogated strictly in accordance with law. 9. The observations made in the judgment are for the disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy 'dasti'. ( Kuldip Singh ), Judge. October 21, 2011. (Krt)