CHANCHAL KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The present bail application has been maintained by the petitioners, under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 45 of 2017, dated 27.3.2017, under Sections 409, 420 and 120-B of the Indian Penal Code, 1860 (for short "IPC") and Section 13 (2) of the Prevention of Corruption Act, 1988, registered at Police Station, Barotiwala, Police District Baddi, District Solan, H.P.

(2.) As per the learned counsel for the petitioners, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice.

(3.) Police report stands filed. As per the investigation conducted by the police, the retail liquor licencees have been procuring liquor from HPBL Depot and opened depots at various parts across the State including one at BBNDA Baddi, District Solan. The allegations against the accused are that being retail liquor licencees conspired and connived with their co-accused Ankush Chauhan, posted as Assistant Depot Manager at HPBL, Depot Baddi, located at BBNDA Baddi and purchased the liquor on credit basis, due to which an amount of Rs.3, 22, 51, 948/- remains recoverable from them. The petitioners indulged in criminal acts against the provisions of Liquor Sales Policy for 2016-2017 of HPBL, wherein the credit sale is not permissive. The petitioners violated the provisions 4.1 of the Liquor Sales Policy for 2016-17, thereby causing huge losses to the State exchequer. Lastly, the prosecution has prayed that the bail application of the petitioners may be dismissed.