BHARTENDU GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 2 of 2023, dtd. 21/7/2023 was registered at Police Station State Vigilance and Anti Corruption Bureau, Shimla for the commission of offences punishable under Ss. 420, 465, 467, 468 and 471 of IPC. The petitioner was posted as Senior Assistant in H.P. Government Dental College, Shimla since 22/1/2020. As per the FIR, Anand Prakash Verma and Manoj Kumar Gupta submitted exorbitant medical reimbursement bills amounting to Rs.9,45,982.00 and Rs.25,53,252.00. The bills were not genuine. The police registered two FIRs - FIR No. 2 of 2023 and FIR No. 3 of 2023. It was found during the investigation that the prescription slips, bills, OPD slips and invoices were not genuine. Manoj Kumar Gupta made a statement that he had given the bills to the petitioner, who used to return the same for reimbursement. Manoj Kumar Gupta used to pay 20% of the received amount to the petitioner. A similar statement was made by Anand Prakash Verma. The police seized the laptop and desktop from the premises and the office of the petitioner. The police are investigating both the FIRs simultaneously. Manoj Kumar Gupta is trying to shift his liability upon the petitioner. He had approached the petitioner to seek financial help. The petitioner had advanced a friendly loan after withdrawing the money from his General Provident Funds (GPF). Manoj Kumar Gupta repaid the amount. The Investigating Officer is misinterpreting this fact. The petitioner is apprehending his arrest. He is innocent. He is a permanent resident of the address mentioned in the petition. The arrest of the petitioner will have serious repercussions on his career. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petition be allowed and the petitioner be released on pre-arrest bail.

(2.) The State filed a status report asserting that a complaint was received in the office of the State Vigilance and Anti-Corruption Bureau regarding the fraudulent withdrawal of the medical reimbursement by Anand Prakash Verma and Manoj Kumar Gupta. The police investigated the complaint and found that the prescription slips, medical charges, reimbursement forms, OPD charges slips and bills/invoice memos were not signed by the Medical Superintendent and other Doctors. They never treated the patients mentioned in the bills. Indira Gandhi Medical College and Hospital (IGMCH) did not issue the OPD slips. Anand Prakash Verma, the claimant, made a statement that the bills were being passed by the present petitioner and he (Anand Prakash) was paying 20% of the bill amount to the petitioner. The police seized the Desktop and Laptop during the investigation. Swaran Medical Store, Chauhan Medical Store, S. Medicos and New Medicos were issued notices under Sec. 91 of Cr. PC. No bill was stated to have been issued by Swaran Medical Store and Chauhan Medical Store. No medical store by the name of Manoj Medical Store was found at Sanjauli where it was stated to be located as per the cash memo/bill. The petitioner is to be interrogated. The original record is to be taken into possession. The petitioner had also prepared the forged medical bills of other employees who are yet to be interrogated. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr Ajay Kochhar, learned Senior Advocate assisted by Mr Bhairav Gupta and Mr Anubhav Chopra, Advocates for the petitioner and Ms Archna Negi, learned Deputy Advocate General for the respondent/State.