SANJAY BATLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application for bail under Section 438 Cr. P.C. filed by the accused petitioner in FIR No. 150/2000 registered at Police Station Sodala, Jaipur for the offence under Sections 420 and 408 IPC.

(2.) Facts giving rise to this bail application in short are as follows: Arun Saxena, who is Authorised Representative and Area Sales Manager, Samsung India Electronics Limited, Jaipur (hereinafter referred to as the complainant Company) lodged a report in the Police Station, Sodala, Jaipur City on 26-5-2000 with the allegations that the accused petitioner was the Branch Manager in the Complainant Company at Jaipur and he was transferred on 14th March, 2000 from Jaipur to Delhi and on 10-4-2000 he submitted his resignation, which was accepted by the Complainant Company on 14-4-2000. When the record of the computers at places Delhi and Jaipur was checked, it was found by the complainant Company on 19-4-2000 that while the accused petitioner was working in the complainant Company as Branch Manager, he has opened SAP system for more than 35 times for collecting the most secret information, which can be collected or seen by a few selected authorised persons of the top management. The information alleged to have been collected by the accused petitioner is mentioned in the report lodged by Arun Saxena. It is alleged in the FIR that the information, which has been collected by the accused petitioner. was not general and in was never disclosed to any body and thus by doing so, he has stolen unauthorisedly information and he has further supplied it to another Company known as LG Electronics India Ltd. Thus, the accused petitioner has deceived the complainant Company and has made breach of promise etc. and - therefore, he should be prosecuted.

(3.) On this FIR, a case under Sections 420 and 408 IPC was registered by the police against the accused petitioner and since the police intends to arrest the accused petitioner in the above FIR, the present application for bail under Section 438 Cr. P.C. has been filed before this Court on 9-6-2000.