Himachal Pradesh High Court
Sandeep Kumar Mehta vs State Of H.P on 25 July, 2025
Author: Virender Singh
Bench: Virender Singh
1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 699 of 2025 Reserved on : 7.7.2025 Decided on : 25.7.2025 .
Sandeep Kumar Mehta ...Applicant Versus State of H.P. ...Respondent ___________________________________________ Coram Hon'ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Varun Chauhan, r Advocate.
For the Respondent : Mr. Tejasvi Sharma, Addl.
A.G. with Ms. Ranjna Patial and Mr. Rohit Sharma, Dy.
A.G., assisted by ASI
Ashwani Kumar, I.O., Police
Station, Theog, District
Shimla, H.P.
Ms. Shwetima Dogra,
Advocate vice Mr. Vinod K.
Gupta, Advocate, for the
complainant.
Virender Singh, Judge
The applicant has filed the present
application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'the BNSS') ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 2 in case FIR No. 161 of 2022, dated 21.12.2022, registered under Section 420 of the Indian Penal Code (hereinafter referred to as 'the IPC"), with Police .
Station, Theog, District Shimla, H.P.
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case.
3. Relief has been sought mainly on the ground that a complaint has been filed by complainant Virender Singh, under Section 156 (3) Cr. P.C., before the learned Additional Chief Judicial Magistrate, Theog and FIR, under Section 420 IPC has been ordered to be registered, whereas, according to him, he has no concern whatsoever with the crime in question.
4. The petitioner has asserted that he is not concerned with the sale and purchase of the apples and therefore, he has not made any transaction with the complainant. According to him, entire sale and purchase ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 3 pertaining to the years 2017-2018 was done by Jitender Kataik, who has been arrayed as co-accused, in this case.
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5. The applicant has further averred that he is from respectable family and having deep roots in the society.
6. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, any directions are issued to the Police, under Section 482 of the BNSS.
7. Applicant Sandeep Kumar Mehta has also asserted the fact that another case bearing FIR No. 36 of 2020, dated 19.10.2020, has been registered against him, with Police Station, CID, Shimla.
8. On the basis of above, applicant has sought the relief, as claimed in the present bail application.
9. When, put to notice, the Police filed status report, on 28.3.2025, disclosing therein that from the Court of learned ACJM, Theog, District Shimla, H.P., a complaint under Section 156 (3) of Cr. P.C. was received ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 4 in the Police Station, with a direction to register the FIR.
The contents of the complaint, which have been mentioned in the status report, are reproduced, as .
under:
"Application under Section - 156 (3) of the Code of Criminal Procedure for directing the SHO, Theog or SIT constituted by the Government for the redressal of the grievances of Farmers and the Commission Agents ie. CID Police station Bharari Shimla. H.P. to register a Case under Section 403406.420. 120B IPC readwith Section 34 of IPC.
Respectfully Showeth :1. That the applicant was running the business of commission agent in Fruit Market, Parala, Tehsil Theog District Shimla, H.P. and had taken shop No. 33 on rent.
The applicant was running the said business under the name and style of Dhanta Fruit Traders. 2. That during the apple season of 2017, the 1 Jitender Singh accused / non applicant No. authorized Kataik alias Lucky Kataik, who was procuring apples in the name and style of Lucky Fruits (SAB) introduced himself to the applicant as traders Fruit agent of H.C. Ahmadabad. H.C fruit trader enjoys a very good reputation in the business of fruit trading. Inspite of the said information rendered by accused / respondent No.1 Jitender Kataik, the applicant inquired from other fruit commission agents at Parala, who were already supplying apples to H.C Fruit traders, Ahmadabad, through accused / respondent No.1 Jitender Singh Kataik. All the said traders informed the applicant that that accused / respondent No.1 has been appointed as agent by H.C. Fruit trader Company Ahmedabad and is making purchases on their behalf and is making payments against the purchase of apples either in their account or in the account of apple growers. It will be relevant to submit here that the majority of the fruit business is done on credit basis. After satisfying him the non applicant / respondent No.1 was permitted to purchase apple ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 5 from the applicant i.e. Dhanta Fruit traders. It will be relevant to submit here that all the apple consignments which were purchased by the accused / Respondent No.1 from the shop of the applicant were all supplied to H.C. Fruit Traders on credit basis. The first apple consignment which was purchased on .
credit basis was on 6-8-2017 which continued till 2-10-2017. In between this period some payments were made by H.C. Fruit Company, Ahmedabad through accused / Respondent No.1 i.e. Jitender Kataik in the account of the applicant. Till 2-10-2017 an amount of Rs. Two Crores forty one lakhs and three hundred and one (Rs. 2,41,00,301 / -) was due to be paid by Accused / Respondent No.1 i.e. Jitender Katiak to the applicant after deducting the amount already paid by him. Copy of the statement of account and bills are annexed herewith as application as Annexure A - 1. Since August, 2017 the applicant has been requesting Accused/ Respondent No.1 Jitender Kataik to make good the payment as the credit amount was increasing daily as he was purchasing the apple daily. The accused / Respondent No.1 had assured the applicant time and again that he will make good the payment of the apple boxes which is evident from the whatsapp messages exchanged between the applicant and the accused / respondent No.1. Copy of the whatsapp messages is annexed herewith as Annexure A - 2. The applicant on account of good relations and credibility of H.C. Fruit Company Ahmedabad, had been permitting accused/ respondent No.1 to purchase the apples on credit basis. After making the last purchase, the accused/Respondent No.1 disappeared as a result of which he was not traceable. Thereafter the applicant contacted the H.C. Fruit Company, Ahmadabad, who informed that they have made the entire payment of apple to accused/Respondent No.1. In the month of January, when the accused/respondent No.1 came back again, he assured the applicant that he will make good the entire payment at the earliest as he has invested the amount sin Mumbai with Sandeep kumar Mehta( Respondent No.2) somewhere else. On 30-01-2018, 05-01-2018, 06 02- 2018, 08- ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 6 02-2018, the accused / respondent No.1 has made a payment of Rs 10,20,000/against six cheques. Presently he is liable to pay Rs. 2,30,80,301/ (rupees two crores Thirty Lakh Eighty Thousand and Three Hundred One) 3 That in order to discharge his part of liability accused/ Respondent No.1 (Jitender Katiak), .
allured the applicant that he and his cousin owns and possesses a land in Shimla as such he will transfer the said land in his favour or any person authorized by the applicant as such executed an agreement to sell for a consideration of Rs sixty Lakhs and gave a power of attorney in favour of the applicant. Copy of the agreement to sell is annexed herewith as Annexure A - 3. It will be relevant to submit here that it was not only the applicant who was cheated by the accused / Respondent No.1 i.e Jitender Katiak but there were other commission agents who were cheated by him, as such a joint FIR was made by all the commission agents at Police Station, Theog bearing No. 23 of 2018. Copy of the said FIR is annexed herewith as Annexure A -
4. 4 That when accused / Respondent No.1 1.e. Jitender Katiak did not make the payment HC. Fruit Company was contacted who disclosed that they have made the entire payment of apple purchase Accused / Respondent No.1 i.e. Jitender Katiak, not only of the applicant but also of other Commission agents as such supplied the their statement of account. Copy of the statement of account is annexed herewith as Annexure A - 5. A bare perusal of the statement of account supplied by H.C. Fruit Company is clearly indicative of the fact that the accused / Respondent No.1 i.e Jitender Katiak has taken the entire money belonging to the applicant which ultimately belong to the poor farmers and misappropriated the same by remitting the same in the account of accused / Respondent No.2 who had otherwise no concern with the said purchase. Both the Accused / Respondent No.1 i.e Jitender Katiak and Accused / Respondent No.2 i.e. Sandeep Kumar Mehta hatched a criminal conspiracy and misappropriated the money which otherwise was due to the farmers through the applicant, who parted with their apple crop through the applicants such both have rendered themselves ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 7 liable for the offence punishable under Section 403, 406, 420, 120B IPC readwith Section 34 IPC. 5 That when no action was taken by the Police of Police station, Theog in FIR No.23 of 2018 dated 06-02-2018, the applicant made a complaint to Superintendent of police, Crime Branch, Shimla, H.P. on 22- 03- .
2018 against respondent No.1 which was diarized in the office of Superintendent of police, Crime Branch, Director General of Police Office, Shimla on 26-03-2018 figuring at Serial No.454. Copy of the said complaint alongwith complaint against other traders having diary No. 452, 453, 455 & 456 dated 26-03-2018 are annexed herewith as Annexure A - 6. It will be relevant to submit here that as the Government had constituted a S.I.T. to investigate the said issues, the said complaint so made by the applicant was sent to S.P. S.I.T. for registration of the F.I.R. but till date no F.I.R. has been registered. It will be relevant to submit here that yarious F.I.R.'s has been registered by the S.I.T. Bharari against the traders and merchants but no F.I.R. against respondent No.1 has been registered till date on account of influence of local MLA who is also resident of the same Panchayat to which the respondent No.1 belongs. Whenever the petitioner visits the S.I.T. or is called by the S.I.T. favoritism is shown towards Respondent No.1 and inputs of repeated requests till date no FIR has been registered against respondent No.1 who has misappropriated the money of poor farmers in connivance with Sandeep Kumar Mehta (Respondent No.2) which is apparently clear from the statement of account Annexure A 5, that the money which belonged to the poor farmers has been deposited in the account of respondent No.2. 6 That the entire matter being a very serious one deserves to be thoroughly inquired / investigated, so that that the culprit is brought to book by appropriately punishing him It is therefore respectfully prayed that this complaint may kindly be referred / forwarded to the SHO, Police station, Theog or SIT constituted by the Government for the redressal of the grievances of farmers and the Commission agents i.e. CID Police station, Bharari Shimla, H.P. for registering a case under Section 403, 406, 420 ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 8 120B IPC readwith Section 34 IPC and to investigate the same and to present the same before the court of appropriate jurisdiction. Theog: Virender Singh S / o Late Shri Mohan Lal R / o Village Pabbas, Post Office Dewat, Tehsil Chopal, District Shimla 6. H.P. Applicant through Counsel Sd:- Virender Singh.
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9.1 On the basis of above, Police registered the case and investigation was conducted by ASI Anand Negi, Incharge, Police Post, Chhaila. He has visited the spot and clicked the photographs and prepared the spot map. Thereafter, further investigation was handed over to ASI Prakash Chand. On 3.5.2023, ASI Prakash Chand had taken into possession the documents, i.e. three bill books, one Ledger register, which were produced by complainant Virender Dhanta.
9.2 On 4.6.2023, complainant Virender Dhanta has produced the photo copy of partnership deed with Bhupinder Singh, which was also taken into possession.
Statements of witnesses, under Section 161 Cr. P.C. were recorded. Thereafter, requisite correspondences to obtain the record from APMC, Dhalli, have been made.
Thereafter, further investigation was entrusted to ASI Ashwani Kumar, I.O., Police Station, Theog, District ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 9 Shimla, H.P. During investigation, ASI Ashwani Kumar, obtained attested photo copies of legal record, i.e. Q-
Form, O-Form/Gate Pass and License, which were also .
taken into possession by the Police. Statements of the witnesses were recorded.
9.3 As per record of APMC, Dhalli, Virender Singh Dhanta had sold the apple crop, for a sum of Rs.3,37,46,136/-, through APMC, Dhalli. On 27.12.2023, correspondence was made with ICICI Bank, SBI Chopal and HDFC Bank, Chopal, and the statements of account of Virender Singh Dhanta were obtained. As per the bank statement of Virender Dhanta, in his bank account No. 20058814786, HC Fruit Company has deposited a sum of Rs. 20,00,000/-, on different dates. Thereafter, in his HDFC bank account No. 50200021100380, a sum of Rs. 1,21,00,000/- has been found deposited on 5.2.2018 and 5.10.2019, by HC Fruit Company and on 5.2.2018 and 5.10.2019, accused Jitender Kataik has deposited a sum of Rs. 2,00,000/-.
It has also been found that complainant Virender ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 10 Dhanta was having account with ICICI Bank, bearing No. 389105500016, in the name of Dhanta Fruit Company, the HC Fruit Company, Ahmedabad, has .
deposited a sum of Rs. 17,00,000/-.
9.4 It is the further case of the Police that an amount of Rs. 1,81,00,000/- has been received by complainant Virender Dhanta, for his apple crop. It is the further case of the Police that accused Jitender Kataik had issued cheque Nos. 330868 and 330871, for an amount of Rs. 20,00,000/- each, and these cheques were deposited by complainant Virender Singh Dhanta with the HDFC, Sanjauli, but, due to insufficient funds, these cheques have been dishonoured.
9.5 It is the further case of the Police that in the account of accused Jitender Kataik, which was maintained with the HDFC Bank, bearing account No. 3461000024489, the HC Fruit Company, Ahemdabad has deposited a sum of Rs. 40,00,000/-, and, in the bank account No. 40810103421, maintained with State ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 11 Cooperative Bank, The Mall, Shimla, H.P., the HC Fruit Company has deposited a sum of Rs. 15,00,000/-.
9.6 Similarly, in the account of Sandeep Mehta, .
bearing No. 30724314503, maintained with SBI, Mandhol, the HC Fruit Company has deposited a sum of Rs. 11,50,000/-. In the bank account No.050401504511, maintained with ICICI Bank, Solan, the HC Fruit Company has deposited a sum of Rs.
42,06,000/-, i.e. total Rs. 53,56,000/-. Accused Jitender Jataik has sworn an affidavit, bearing No. 258521, Agreement to Sell, in lieu of payment of apple crop, the land value of Rs. 60,00,000/- has been executed.
Thereafter, accused Jitender Kataik sold the same to someone else.
9.7 In the subsequent status report, which has been filed, in this case, it has been mentioned that the applicant has joined the investigation. Thereafter, the matter was further investigated by the Police by visiting the premises of the HC Fruit Company, Ahemdabad, and the owner/partner, Manoj Kumar Rohra was associated ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 12 in the invesigation, who had produced the statements of account. As per the statement, the HC Fruit Company, Ahmedabad had made a payment of Rs. 6,72,41,000/-, .
in different accounts. The HC Fruit Company, w.e.f.
1.4.2017 to 31.3.2018, is stated to have transported the apples, worth Rs. 8,47,92,800/-. This payment has been made in different accounts, at the instance of Sandeep Mehta (applicant) and Jitender Kataik.
9.8. As per the status report, filed on 4.4.2025, the Police, during investigation, has found that accused Jitender Kataik and Sandeep Mehta (applicant) had constituted a firm, in the year 2017-2018. Complainant Virender Dhanta sold the apple crop of Rs.
4,14,00,301/- to SAB Luckey Firm, which has been constituted by Jitender Kataik and Sandeep Mehta (applicant), as afore-mentioned.
9.9. Applicant Sandeep Mehta and his partner Jitender Kataik sold the apple crop to HC Fruit Company, and in lieu of the same, Jitender Kataik, Sandeep Mehta (applicant and the HC Fruit Company ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 13 had deposited a sum of Rs. 1,83,20,000/-, in the account of Virender Dhanta, whereas, an amount of Rs.
2,30,80,301/- is yet to be paid. As per the record .
obtained from the APMC, Dhalli, Virender Singh Dhanta sold the apple crop of Rs. 3,37,46,136/-, through APMC, Dhalli.
9.10 In the supplementary status report, which has been filed on 6.5.2025, a similar stand has been taken.
10. On 28.3.2025, interim protection was given to the applicant by directing the I.O./Police of Police Station, Theog not to take any coercive action against the applicant.
11. In view of the stand taken by the Police, the applicant has joined the investigation. Neither the custodial interrogation of the applicant has been sought, nor the Police is able to make out a case for his custodial interrogation.
12. In such situation, when, the applicant is permanent resident of District Shimla, this Court is of ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 14 the view that interim order, dated 28.3.2025, is liable to be made absolute, as the alleged crime is based upon the documentary evidence, which is already in the .
custody of the Police.
13. Dismissal of the application, would be nothing, but remanding the applicant to the judicial custody, which amounts to pre-trial punishment, which is prohibited, under the law.
14. Considering all these facts, interim order dated 28.3.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 161 of 2022, dated 21.12.2022, registered with Police Station, Theog, District Shimla, H.P., under Section 420 of the IPC, on his furnishing personal bond, in the sum of ₹50,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer.
This order, however, shall be subject to the following conditions :::: Downloaded on - 25/07/2025 21:27:04 :::CIS 15
a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;
b) That the applicant will not leave India, without prior permission of the Court;
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c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and
d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application.
15. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present applications.
16. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant.
(Virender Singh) Judge July 25, 2025 Kalpana ::: Downloaded on - 25/07/2025 21:27:04 :::CIS 16 .
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