ANIL KUMAR DOGRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 45 of 2017, dtd. 27/3/2017, under Ss. 409, 420, 120-B of IPC and Sec. 13(2) of P.C. Act, registered at Police Station Barotiwala, Police District Baddi, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is permanent resident of District Una, H.P., thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 27/3/2017 police received a complaint from the office of Himachal Pradesh Beverages Ltd. (in short HPBL) wherein a request was made for registration of an FIR. It is alleged in the complaint that HPBL has opened depots at various places including at BBNDA for wholesale trade of liquor. During the reconciliation of accounts Sh. Ankush Chauhan, ETI, posted as Assistant Depot Manager at HPBL, Depot Baddi located at BBNDA Baddi, Factory outlet, sold liquor on credit basis and amount of Rs.3,22,51,948.00 remains recoverable from them. Sh. Ankush Chauhan, in connivance with others embezzled the aforesaid amount. Upon the aforesaid complaint, police registered a case under the apt Sec. and the investigation ensued. During the course of investigation, police effected relevant recoveries including documents of the licensee contractors to whom Ankush Chauhan sold liquor on credit basis. During the course of investigation it was unearthed that during the period July, 2016 to December, 2016, licensee liquor contractors received liquor on credit basis from Ankush Chauhan which resulted into financial loss to state. Subsequently the police arrested the culprits involved in the offence. After investigation, on 13/5/2021, challan was presented in the trial Court. During the course of investigation, it was found that Anil Kumar (petitioner herein) was instrumental in depositing the embezzled amount in the accounts of some of the licensee contractors who are involved in the offence. The petitioner was working in A.D. Wine Company and he became partner in the said Company. The petitioner in connivance with others committed the aforesaid crime and he was having a hand in glove. So, ultimately, on 21/12/2021 the petitioner was arrested and he was medically examined. As per the police, one more case under Sec. 420 and 120-B IPC has been registered against the petitioner. Lastly, it is prayed that the bail application of the petitioner be dismissed as the petitioner was instrumental in the commission of offence and considering his role in the alleged offence, his bail petition be dismissed.