LAWS(HPH)-2018-6-64

KULDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On June 26, 2018
KULDEEP SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 33 of 2018, dated 03.05.2018, under Sections 419 and 420 Indian Penal Code and Section 66-C of the Information and Technology Act, registered in Police Station, Sangrah, District Sirmaur, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place is and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 005.2018 an FIR came to be registered in Police Station Sangrah, on the complaint of the Member Secretary SDA Scheme (Skill Development Allowance)-cum-district Employment Officer, Sirmaur, at Nahan. Tersely, the allegations against the petitioners are that they have made irregularities in the skill development allowance website whereby huge amount of government money has been misappropriated. When the matter was inquired into, it was found that the petitioners made illegal use of SDA software and uploaded SDA applications using official ID and password. They entered their password and personnel bank accounts number of different banks to get the credit of SDA allowance in their accounts. Thus, the petitioners managed to misappropriate funds from DEE, Hamirpur, RFF, Shimla and DEE, Sirmour, which comes to Rs. 12, 92, 000/-. On the basis of the complaint, FIR was registered and investigation ensued. During the course of investigation, it was found that in total 123 applications were uploaded fraudulently by the petitioners by using their password and personnel bank accounts number of different banks and it was found with an intention to get the credit of SDA allowance in their accounts. The petitioners have joined the investigation and the investigation is till going on. Lastly, the prosecution has prayed that the petitioners were found involved in a serious offence, thus their bail applications be dismissed.