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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 Rs.12,53,500/- by way of RTGS in the 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 Rs.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 Rs.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 Rs.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.

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.

Petition allowed.

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