ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 237 of 2017, dated 28.09.2017, under Section 420 IPC, Police Station Sadar Hamirpur, District Hamirpur, 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 ready and willing to join the investigation. It is further averred that petitioner is a respectful person of the society and in case he is arrested, his reputation will be tarnished. The petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 28.09.2017 a complaint was received, through post, by the police from Managing Director Himachal Pradesh Beverages Ltd. (complainant) , wherein it was averred that the Chartered Accountant of the Himachal Pradesh Beverages Ltd. (HPBL) reported to that an amount of Rs. 11, 47, 50, 291/- (Rupees eleven crore forty seven lacs fifty thousand two hundred ninety one) has not been deposited in the accounts of HPBL by the retail licensees against which stock of liquor stands issued. Against this, FIRs came to be registered against the conniving persons in respective Police Stations. Against the petitioner, total recoverable amount is Rs. 99, 65, 853/- (rupees ninety nine lac sixty five thousand eight hundred fifty three) . It is further alleged that the petitioner either reused one UTR (Unique Transaction Reference) issued by the Bank for procuring stock of liquor from more than one Depot and while doing so the petitioner has committed forgery for the purpose of cheating knowing fully well that said spent UTR would induce the HPBL Depot Manager to release stock in his favour against which he was not entitled for. Had the petitioner disclosed prior to use of UTRs, the HPBL would not have released the stock in his favour. Thus, the Government Company has been induced to deliver same quantity again without payments and has been intentionally deceived. The action of the petitioner is fraudulent and amounts to cheating vide which wrongful loss to government exchequer has been caused. The petitioner apart from use of fraud UTRs also got a huge stock of liquor, which was procured by him without depositing advance amount in the HPBL account. On the basis of the complaint, so made, a case was registered against the petitioner and investigation ensued. The investigation unearthed that the petitioner, through his e-mail ID, deposited fake payment and also many times made double fake payments and owing to fake payments he managed to get huge stock of liquor. Now, the total amount, which is to be recovered from the petitioner is Rs. 99, 65, 853/- (rupees ninety nine lac sixty five thousand eight hundred fifty three) . Lastly, the prosecution has prayed that the bail application may be dismissed.