YUNUS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition seeking anticipatory bail in FIR No. 22 dated 12.11.2019, under Sections 409, 506 read with Section 34 IPC (later on Sections 420, 467, 468, 471 and 120-B IPC deleted by the police), registered at Police Station Uttawar, District Palwal.

(2.) The facts in brief are that on receiving the complaint from the department of CID that Sarpanch of the village Uttawar had purchased two water coolers for an amount of Rs.1,45,000/- each from non-existent entity i.e. M/s Sunrise Associate Company, Karnal. On enquiry, no concern was found on given address and the bills were forged. The water coolers were not found in the school premises. It was stated by the Head Teacher of the school that they never received any water coolers and the accused forcibly took their signatures on a receiving receipt. The FIR was registered. It also came to the notice that the accused had purchased the water coolers for the school but used them at other place.

(3.) Learned counsel for the petitioner submits that the petitioner never purchased the coolers in the name of the school. He has been falsely implicated by alleging that he got the signatures of the Headmaster of the school regarding receipt of the coolers. It is further contended that Sections 420, 467, 468, 471 and 120-B IPC have been deleted during investigation. Submission is that no recovery is to be made, the coolers were installed prior to registration of the FIR. He further relies upon the order dated 23.6.2021 passed in CRM-M-22124 of 2021 Kayyum @ Mohd. Gayam Khan v. State of Haryana, whereby the co-accused was granted anticipatory bail.