LAWS(HPH)-2019-4-45

TEK CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On April 24, 2019
TEK CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

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 2018, dated 28.09.2018, under Sections 420, 465, 467, 468, 471 and 120B IPC, registered in 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. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 28.09.2019 police received a complaint from Himachal Pradesh Beverages Limited (HPBL). It is contended in the complaint that during the year 2016-17 HPBL sold liquor amounting to Rs. 543.59 crore and when chartered accounts checked the accounts it was found that payment of Rs.11,47,50,291/- (rupees eleven crore forty seven lac fifty thousand two hundred ninety one) has not been received by HPBL. Inquiry further revealed that different licensees did not deposit the amount. Thereafter, HPBL constituted an internal committee to probe the matter. The said committee found that the licensees have either reused one UTR (Unique Transaction Reference) issued by the Bank for procuring stock of liquor from more than one Depot or have tempered with the UTRs/HPBL account and while doing so they have committed forgery and cheating knowingly that spent UTRs would induce the HPBL Depot Manager to release stock in their favour again to which they were not entitled for. Upon the complaint, police registered a case and investigation ensued. During the course of investigation police found the involvement of the petitioner, who was posted in Depot Bajuri, District Hamirpur, H.P. The petitioner was instrumental in making liquor available to licencee Ankush Rana without any payment and verification. The action of the petitioner resulted into financial loss to HPBL. During the course of investigation, police recorded the statements of the witnesses and relevant record was taken into possession. Challan stands presented in the learned Trial Court. Lastly, the prosecution has prayed that the petitioner was found involved in a serious offence and in case he is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the application may be dismissed.