Raj Kumar S/o Sh. Paroshtam Lal v. State Of Himachal Pradesh
2022-06-22
JYOTSNA REWAL DUA
body2022
DigiLaw.ai
ORDER : This anticipatory bail petition arises out of FIR No.24/2022, dated 23.02.2022, registered under Sections 420 and 406 of the Indian Penal Code (IPC) at Police Station Gagret, District Una. Ad-interim protection was granted in favour of the petitioner vide order dated 26.02.2022, subject to the conditions mentioned therein. 2. According to the status report, a complaint was lodged at the police station on 13.07.2021. The complaint pertained to illegalities and financial irregularities committed by one Sh. Raj Kumar (bail petitioner herein) while working as Data Entry Operator-cum-Clerk in Hindustan Petroleum Corporation Limited Petrol Pump at Gagret, being run by H.P. State Civil Supplies Corporation (in short ‘Corporation’). The allegations were that the petitioner had embezzled an amount of Rs.30,62,018.00/- by adopting various illegal means. The complainant also averred that despite making available all the requisite documents to the police officials, the FIR had not been registered till 06.07.2021. The complainant also highlighted that departmental inquiry conducted against the petitioner had since been completed, wherein he was found guilty of the charges levelled against him and accordingly, he was dismissed from service of the Corporation w.e.f. 30.04.2021. On the basis of above complaint filed by the Regional Manager of the Corporation, the FIR in question was registered against the petitioner. Investigations were carried out. As per the status report, it was revealed in the investigations that the petitioner had been derelict in performing his duties as Data Entry Operator-cum-Clerk. He had made wrong entries in the record of the petrol pump and had embezzled huge amount. That he wilfully did not incorporate entries in respect of the petrol and diesel supplied through tankers of HPCL Nalagarh at the retail outlet at Gagret on 30.04.2018. The petitioner was also found to have not made the entries regarding 6000 litres of petrol received at the outlet on 30.12.2018. The entries in the stock register and day register were found at variance. Sum total of the investigation was that the petitioner had embezzled an amount of Rs.30,62,018/- by making wrong entries regarding the quantity of the diesel and petrol lubricants received at the retail outlet by depositing less amount and by tampering with the record etc. The status report also records that during the departmental inquiry, the petitioner had deposited an amount of Rs.5,15,000/- in the Regional Office of the Corporation at Hamirpur. 3.
The status report also records that during the departmental inquiry, the petitioner had deposited an amount of Rs.5,15,000/- in the Regional Office of the Corporation at Hamirpur. 3. Learned counsel for the petitioner raised the plea of false implication and innocence of the petitioner. It was submitted that the bail petitioner is an Ex-serviceman and was appointed in the Corporation under Ex-Serviceman quota as Data Entry Operator-cum-Clerk in the year 2015. He was working as In-charge of the petrol pump at Gagret. The petitioner has been made scapegoat in the FIR and the real culprits have not been investigated. Learned counsel also submitted that the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any Police Officer in case the ad-interim protection granted to him is made absolute. He, therefore, prayed for allowing the bail petition. Learned Additional Advocate General while opposing the bail petition did not dispute the plea that the petitioner has been co-operating with the Investigating Agency and that the investigation in the matter is complete. Learned Additional Advocate General submitted that in case the Court is inclined to confirm the interim bail granted to the petitioner, then the same be made subject to stringent conditions including the one that the petitioner be directed to continue to join and co-operate with the investigating agency as and when directed. 4. I have heard learned counsel for the parties and gone through the status report. 5. The petitioner is facing accusations under Sections 420 and 406 IPC in the FIR in question. The said FIR was registered on 23.02.2022, but pertains to the events alleged to have happened during the year 2018-19. The record reveals that the petitioner has been participating in the investigation and has co-operated with the Investigating Agency throughout. A departmental inquiry was also initiated against him by the complainant/employer-Corporation, pursuant to which, the petitioner was dismissed from service on 30.04.2021. Adinterim protection was granted to the petitioner on 26.02.2022. Investigating Agency has not complained of breach of conditions by the petitioner, which were put forth in the order dated 26.02.2022. Petitioner is aged 54 years and is a local resident, therefore, his presence can be ensured in the trial.
Adinterim protection was granted to the petitioner on 26.02.2022. Investigating Agency has not complained of breach of conditions by the petitioner, which were put forth in the order dated 26.02.2022. Petitioner is aged 54 years and is a local resident, therefore, his presence can be ensured in the trial. Looking into the mode and manner of commission of offence alleged against the petitioner, investigations carried out in the matter, nature of allegations levelled against the petitioner as well as the fact that pursuant to the departmental inquiry, the petitioner stands dismissed from service w.e.f. 30.04.2021, custodial interrogation of the petitioner will not advance cause of justice. Investigation in the matter is already complete. Nothing remains to be recovered from the petitioner. Accordingly, the instant petition is allowed. The interim protection granted to the petitioner vide order dated 26.02.2022 is made absolute subject to following conditions:- (i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law. (ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (iii). The petitioner will not leave India without prior permission of the Court. (iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer. (v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law. (vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.
It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.