RANJEET SINGH RANA Vs. STATE OF HIMACHAL PRADESH

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. 8 of 2016, dated 03.04.2016, under Sections 420, 467, 468, 471, 201, 217, 218, 120B IPC and Section 13(1)(d) of PC Act, 1988, 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 resident of Nahan and 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 03.04.2016 police received a complaint against the employees of electricity department and various allegations have been leveled against Indian Technomac Company. One of the major allegations against the said company was that it did not file tax of rupees twenty one hundred crore, so the Excise and Taxation Department seized the assets of the company and the department deployed its employees and Home Guards in the premises of the company to keep vigil. The said company used to deposit its electricity bills through RTGS, but after November, 2014, the company submitted fake RTGS bills to the electricity department and the said fake bills caused loss of rupees five crore to the electricity department. It was also complained that the officers and officials of the electricity department were bribed. On the premise of the complaint, so received, police registered and case and investigation ensued. Police procured the records qua transactions through RTGS made to the electricity department, which revealed that the department suffered total loss of Rs.4,49,80,291/-. During the course of investigation, police found the involvement of number of officers and officials of the electricity department. The investigation further revealed that during the period August, 2014 to October, 2014, the petitioner remained posted as SDO HPSEB, Sub division Dhaula Kuan, Tehsil Paonta Sahib, District Sirmour and during this period the management of the said company got illegally renewed the bank guarantee. As per the police, the petitioner was instrumental in getting the bank guarantee renewed. The petitioner despite knowing that the bank guarantee of the said company has expired and the company did not deposit its electricity bills continued the electricity supply, which should have been stopped. If the petitioner would have stopped the electricity supply to the said company, it could not have been resulted in financial loss to the department. The investigation further revealed that the petitioner depicted in the documents that the electricity supply to the said company has been stopped, but in fact it continued. The police arrested many accused persons in the case in hand and investigation in the matter is still going on. Lastly, it is prayed that the bail application of the petitioner be dismissed, as he was involved in a serious offence of cheating and thereby caused huge financial loss to the electricity department and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.