JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts and material, which needs a necessary mention, for the limited purpose of deciding the instant petition for anticipatory bail and emanating from the record, is that on 19.10.2002, the police party headed by ASI Mukesh Kumar, had received a secret information that the petitioner Jagdish with the connivance of other coaccused were mixing the water and some other (chemical) substance in the milk tankers of Haryana Dairy Milk Plant, Rothak, meant for public, by putting the plastic pipes with the help of electric motor in the premises of the petitioner (Tata Motor Workshop), in front of Lawrance School. One small tanker was also standing with the Government tankers at the spot. Consequently, the police raided the pointed premises of the petitioner and found that the accused had opened the lower cover of the main tank, milk was being extracted and put in small tank with the help of plastic pipes and electric motor. At the same time, the accused were mixing the water and other (chemical) substance to complete the quantity of the milk, in the main milk tank. In this manner, they have cheated and misappropriated the government milk for their own gains.

(2.) Leveling a variety of allegations and narrating the sequence of events in detail, in all, the prosecution claimed that the petitioner along with his other co-accused have hatched a criminal conspiracy, extracted the pure milk, added water & other (chemical) substance, in the Government milk tankers and thus committed the offences in question. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the accused, by virtue of FIR No.798 dated 26.11.2012, on accusation of having committed the offences punishable under Sections 409 & 420 read with Section 120-B IPC, by the police of Police Station Jhajjar, in the manner depicted here-in-above.

(3.) Having exercised his right and remained unsuccessful in the court of Additional Sessions Judge, now the petitioner has preferred the instant petition in this Court for the grant of anticipatory bail in the indicated case, invoking the provisions of Section 438 Cr.P.C.