PRADIPTA KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 8, dated 03.04.2016, under Sections 420, 467, 468, 471, 201, 217, 218, 120B IPC and Section 13(1)(d) of PC Act, registered in Police Station State CID, Bharari, Shimla, 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 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 keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. Tersely, as per the prosecution story, Indian Technomac Company Limited, Plant, Jagatpur, Paonta Sahib, District Sirmour, issued fake RTGS from Axis Bank, Branch New Patel Nagar, New Delhi, to HPSEB Sub Division Dhaula Kaun, District Sirmour, and owing to such fake RTGS the said company caused loss to the tune of Rs. 4,49,80,291/-. The State CID registered a case against the said company and the investigation ensued. During the course of investigation, it is unearthed that company submitted fake RTGS and cumulatively caused loss of Rs. 8,85,60,911/-. It was further found that the petitioner was fully aware about the fake RTGS, as he was Plant Head at Paonta Sahib. The petitioner was working as Senior Manager Electrical and he was aware about fake RTGS. The petitioner also played an active role in conniving with HPSEB officials, so he was arrested on 30.05.2018. As per the police, the main accused Rakesh Sharma is yet to be arrested. The petitioner is resident of Odisha, and in case at this stage he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner may be dismissed.