BHAGIRATH RAI GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a first petition under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.26 dtd. 25/9/2022 registered under Ss. 420, 406, 409, 465, 467, 471, 120-B IPC at Police Station Vigilance Bureau, Patiala, District Patiala.

(2.) Learned counsel for the petitioner has submitted that in the present case, the FIR has been registered after a delay of 5 years inasmuch as the allegations levelled therein pertain to the year 2017 whereas, the FIR has been registered in the year 2022. It is submitted that the FIR has been registered on the basis of political vendetta. It is stated that in the FIR there are primarily three allegations levelled which are detailed hereunder:-

(3.) It is submitted that on the basis of the said allegations, it has been alleged that the petitioner had caused loss of Rs.4,06,760.00 to the government. Learned counsel for the petitioner has submitted that each of the said allegations is false and baseless and with respect to the first allegation, it is argued that no repair work was done on the government vehicle no.PB 13W 0955 make Balero from 10/11/2010 to 22/11/2010 and there is no record or documentary evidence produced with respect to the alleged payment of Rs.35,199.00 to Swami Auto Mobile Pvt.Ltd. to prove the said allegation and there is no DDR regarding any accident involving the said Balero Vehicle. With respect to the second allegation, it is argued that a public notice inviting tenders was issued with respect to hiring of vehicles on rent for the Municipal Council and the said public notice has been annexed as Annexure P-2 and in pursuance of the same, three tenders were received and after the comparative statement of bid was prepared, Chandan Goyal was awarded the tender as he had offered the lowest tender rate of Rs.25,000.00 per month with diesel 240 litres and even negotiations were carried out and thereafter, the tender was allotted to said Chandan Goyal at the rate of Rs.24,000.00 per month with 200 litres of diesel per month. A copy of the said proceedings has been annexed as Annexures P-3 and P-4, respectively. It is further highlighted that the log book pertaining to the usage of the above said vehicle was duly maintained by the Municipal Council, Sunam, which fact is evident from the letter dtd. 22/2/2018 sent by Chandan Goyal to the Executive Officer, Municipal Council, Sunam and was duly received on 1/3/2018, in which a request was made for payment of the outstanding amount and the said log book was stated to be attached with the said letter but the same has been purposely misplaced by the prosecution. With respect to the third allegation, it is submitted that the tender of advertisements was held on 19/6/2017, but the concerned committee of the Municipal Council, Sunam, cancelled the resolution of tender advertisement and no auction of the same was conducted and the petitioner had not received any personal benefit out of the said cancellation.