ASHOK KUMAR RAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with FIR being C.R. No.11206045201457 of 2020 registered with Mahesana City - B Division Police Station, Dist.Mahesana for the offences punishable under Sections 406, 409, 272, 273 and 120B of the Indian Penal Code, 1860 as well as under Section 13(1)(a) and 13(2) of the Anti-Corruption Act.

(2.) It is the case of the prosecution that the applicant, along with other accused as mentioned in the F.I.R., have indulged themselves by manufacturing adulterated ghee of Mehsana District Cooperative Milk Producers' Union Limited, Gujarat and have caused a loss to the tune of approximately Rs.40 Crores. It is also alleged against the applicant that adulterated ghee was manufactured and transferred from M/s.Rattan Milk Food Specialty Private Limited, Punhana, Haryana to Mehsana District Cooperative Milk Producers' Union Limited, Gujarat. The applicant was posted at Dudhsagar National at Haryana and was Incharge of Operations of M/s.Rattan Milk Food Specialty Private Limited, Punhana, Haryana.

(3.) Learned advocate for the applicant has submitted that the applicant is absolutely innocent and falsely roped in the offence. While referring to the F.I.R. registered against some accused in Jaipur, he has submitted that in fact it was found that adulterated ghee was filled at Dadu Village, Rajashtan in the tankers having genuine ghee, which was transferred from M/s.Rattan Milk Food Specialty Private Limited, Punhana, Haryana to Mehsana District Cooperative Milk Producers' Union Limited, Gujarat by other accused and the applicant has nothing to do with that. He has submitted that the applicant is roped in the offence, without there being any material only on the basis that he was posted in Haryana State to look after the production of Punhana plant, wherein the genuine ghee was manufactured. He has further referred to the panchnama dated 07.08.2020, which was conducted by the Police authorities at Punhana Plant and has submitted that the aforesaid panchnama reveals that in fact the plant was closed since 15 days and no produce of milk was found and there was ample security in the plant. It is submitted that the applicant has resigned from the service on 04.05.2021 and there will be no question of tempering with the evidence. It is also submitted that the father of the applicant is 80 years old, and he has to look after him. With regard to the allegations of giving false address by the applicant, learned Advocate Mr.Vyas has submitted that the same was given through inadvertence.