DALJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure seeking his release, in the event of his arrest, in case FIR No. 186 of 2019, dated 30.05.2019, under Sections 467, 468, 471, 218 and 120B IPC, registered in Police Station Sadar Una, District Una, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 25.05.2019 police received a complaint wherein complainant Shri Shankar Singh alleged that the petitioner, DM, HRTC, prepared fake papers and ultimately caused huge loss to the Himachal Pradesh Road Transport Corporation (HRTC). It is alleged that during the year 2017 the petitioner was posted as DM, HRTC, at Hamirpur, and at that time HRTC had to recover huge arrears of money from tenants of its rented shops at Una and the said recovery was to be effected by the petitioner. The petitioner, in connivance with one Ashok Kumar (tenant) prepared false and forged documents and depicted him as dead and report in this regard was sent to Head Office Shimla. Consequent upon the said report, HRTC suffered huge loss and the petitioner secretly took money in lieu of fake report from said Ashok Kumar. This fact was unearthed during the course of departmental enquiry conducted in the year 2018, however, no FIR was registered and the petitioner was suspended for some days. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. Police procured the relevant records from the HRTC and recorded the statements of the witnesses. The petitioner joined the investigation. The records revealed that the departmental enquiry is still pending. During the course of investigation, Ashok Kumar, who was shown as dead by the petitioner, was found alive and it was unearthed that the petitioner alongwith other committee members depicted Ashok Kumar dead without any death certificate, so as to save him from depositing recovery of Rs. 60,91,025/- (rupees sixty lac ninety one thousand twenty five). It has further come in the investigation that no inappropriate loss has been caused to the HRTC, as the proposal for write-off outstanding amount was not accepted by the competent Authority and the Regional Manager concerned was directed to recover the outstanding amount. As per the police, the petitioner is not revealing the truth, so his custodial interrogation is required. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious crime. There is possibility that in case at this stage the petitioner is enlarged on bail, he may flee from justice. The petitioner can also tamper with the prosecution evidence, so his application be dismissed.