(1.) The petitioner has filed this petition under Section 439 Cr.P.C. for grant of bail in case FIR No.267 dated 28.09.2020, under Sections 406, 408, 420, 467, 468, 471, 506 and 120-B IPC, Police Station DLF Phase-III, District Gurugram, Haryana.
(2.) The FIR has been registered on the complaint of Rajat Luthra, Designated Market Procurement Leader, Phillips India Ltd. (for short "Philips"). In his complaint he alleged that certain vendors as well as former and serving employees of Phillips in a criminal conspiracy with each other prepared fake invoices for services not even requisitioned by Phillips and raised bills in furtherance of the same. The said bills were then cleared in collusion with serving officials of Phillips and payments were made to vendors on behalf of Phillips for services not rendered, thereby causing wrongful loss to Phillips India and wrongful gain to the accused. The alleged amount so misappropriated/embezzled had been estimated to be Rs.8 crores for the period 2019-20 and even prior thereto.
(3.) The two former employees named were Anuj Gureja and Gaurav Sehgal. Four then serving employees named were Vivek Kumar Jaiswal (Market Procurement Manager), Sachin Saxena (Third-Party Procurement Executive)- (petitioner), Kamal Jain (Finance Business Partner -Corporate Financial Planning and Analysis) and Neeraj Bhatia (Senior Manager, Supply Chain Management). Later their services were terminated.