Punjab-Haryana High Court
Himanshu Sharma @ Himanshu Trivedi vs State Of Haryana on 1 July, 2021
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-14868-2021 (O&M)
Date of Decision:- 1.7.2021
Himanshu Sharma @ Himanshu Trivedi ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Ms. Gursharan Kaur Mann, Senior Advocate with
Mr. Sunil Kumar, Advocate for the petitioner.
Mr. Vishal Kashyap, AAG, Haryana
assisted by ASI Krishan Kumar.
(proceedings conducted through video conferencing)
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GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.229 dated 26.6.2020 under Sections 420/406/467/468/471 IPC at Police Station Bawal, District Rewari, Haryana.
2. The FIR was lodged at the instance of Ravinder wherein it is alleged that he had made inquiries through internet on 'Indiamart Online Business Listing Website' regarding prospective sellers of face masks and pursuant to that he received a telephonic call from Swati Sharma and Arun Kumar, who stated that they were representing M/s Safe Health Enterprises. A deal was struck for sale of face mask and infra red thermometers by M/s Safe Health Enterprises to the complainant. The accused furnished GST number and PAN number and also the address of their godown and accordingly the complainant made a payment of `12,53,500/- by way of RTGS in the 1 of 3 ::: Downloaded on - 02-07-2021 04:27:33 ::: 2 CRM-M-14868-2021 (O&M) account of M/s Safe Health Enterprises, as had been provided by Swati Sharma and Arun Kumar. However, despite the said payment having been made, the complainant did not receive any delivery of the face masks and subsequently, when he tried to contact Swati Sharma and Arun Kumar their phones were found to be switched off. It is further the case of prosecution that during the course of investigation, it was found that the amount of `12,53,500/- had been deposited in account No.36467522805 in the name of Usha, resident of Mumreja, U.P. and that from the said account the money has been transferred to various accounts including the account of the petitioner.
3. The learned counsel for the petitioner has submitted that he has nothing to do with M/s Safe Health Enterprises and is nowhere named in the FIR and had never ever made any representation for sale of face mask and that the said amount in his account was in fact repayment of some loan amount.
4. Opposing the petition, learned State counsel has submitted that since a substantial amount of `4,50,000/- had been credited into the account of the petitioner from the account of Usha, in which the complainant had deposited the amount of `12,53,500/-, the complicity of the petitioner is clearly evident. The learned State counsel has, however, informed that the petitioner has been behind bars since the last more than 4 months and that challan already stands presented and that the petitioner is not involved in any other case.
5. I have considered rival submissions addressed before this Court.
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6. Having regard to the fact that there is no allegation in the FIR to the effect that the petitioner had made any representation regarding sale of face masks or thermometers to the complainant, the role of the petitioner would be debatable. In any case, since the petitioner has been behind bars since the last about 4 months and is not stated to be involved in any other case, the petition is hereby accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
7. It is, however, clarified that none of the observations made above shall be taken to be an expression on merits of the main case.
1.7.2021 (Gurvinder Singh Gill)
kamal Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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