RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This anticipatory bail petition arises out of FIR No.24/2022, dtd. 23/2/2022, registered under Ss. 420 and 406 of the Indian Penal Code (IPC) at Police Station Gagret, District Una. Ad-interim protection was granted in favour of the petitioner vide order dtd. 26/2/2022, subject to the conditions mentioned therein.

(2.) According to the status report, a complaint was lodged at the police station on 13/7/2021. The complaint pertained to illegalities and financial irregularities committed by one Sh. Raj Kumar (bail petitioner herein) while working as Data Entry Operator - cum -Clerk in Hindustan Petroleum Corporation Limited Petrol Pump at Gagret, being run by H.P. State Civil Supplies Corporation (in short "Corporation"). The allegations were that the petitioner had embezzled an amount of Rs.30,62,018.00by adopting various illegal means. The complainant also averred that despite making available all the requisite documents to the police officials, the FIR had not been registered till 6/7/2021. The complainant also highlighted that departmental inquiry conducted against the petitioner had since been completed, wherein he was found guilty of the charges levelled against him and accordingly, he was dismissed from service of the Corporation w.e.f. 30. 04.2021. On the basis of above complaint filed by the Regional Manager of the Corporation, the FIR in question was registered against the petitioner.

(3.) Learned counsel for the petitioner raised the plea of false implication and innocence of the petitioner. It was submitted that the bail petitioner is an Ex-serviceman and was appointed in the Corporation under Ex-Serviceman quota as Data Entry Operator-cum-Clerk in the year 2015. He was working as In-charge of the petrol pump at Gagret. The petitioner has been made scapegoat in the FIR and the real culprits have not been investigated. Learned counsel also submitted that the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any Police Officer in case the ad- interim protection granted to him is made absolute. He, therefore, prayed for allowing the bail petition.