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Himachal Pradesh High Court · body

2025 DIGILAW 891 (HP)

Vinod Sisodia v. State of Himachal Pradesh

2025-05-02

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. The above-titled bail applications are being disposed of by this common order, as, both the bail applications have been filed, in the same FIR, i.e. FIR No.55/2025 dated 17.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Section 316(2), 316(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Baddi, District Solan, H.P. 2. Both these bail applications have been filed by the above-named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station Baddi, District Solan, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR. 3. The said relief has been sought on the ground that they are innocent persons and have falsely been named as accused, in the present case. 4. According to the applicants, they have no role in the crime, as alleged in the FIR in question. 5. As per applicants, they have been made scapegoat, in the present case. 6. According to the applicant, in CrMP(M) No.628 of 2025, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. However, the same was dismissed, vide order dated 01.03.2025. 7. On the basis of above facts, Mr. Arvind Sharma, Advocate, has given certain undertakings, on behalf of applicants, for which, the applicants are ready to abide by, in case, any direction is issued to the police/I.O., in this case. 8. On all these submissions, a prayer has been made to allow the bail applications. 9. When, put to notice, police has filed the status report, in the respective bail applications, disclosing therein, that on 17.02.2025, HC Narain Dass No.23, along with other police officials, had gone to the premises of M/s Silica Infotech Pvt. Ltd. at Village Sheetalpur, in order to ascertain the factual position, as mentioned in the complaint, made by one Raju Kumar. 9.1. 9.1. In the complaint, complainant-Raju Kumar has submitted that on 06.02.2025, when, he reached in the premises of M/s Silica Infotech Pvt. Ltd., Baddi Plant, he noticed that the officers from Hindustan Petroleum Corporation Ltd., Jind Plant, were inspecting the premises of M/s Silica Infotech Pvt. Ltd. Subsequently, Jind officers informed the complainant that there is 1,45,562 kg of gas less here. It was debited in the SAP of the Jind officer. Not only this, the gas cylinders were also found to be less and the market value of the same is stated to be Rs.1,25,00,000/-. 9.2. According to the complainant, at the relevant time, Plant Manager was Vinod Sisodia (applicant in CrMP(M) No.628 of 2025) and Nitesh Kumar (applicant in CrMP(M) No.727 of 2025). According to him, both the said persons have embezzled 1,45,562 kg of gas and cylinders from M/s Silica Infotech Pvt. Ltd and also tarnished the name of the said firm. 9.3. On the basis of the above facts, complainant has prayed that the action be taken against both the accused persons, upon which, police registered the FIR in question and criminal machinery swung into motion. 9.4. In the presence of the complainant, spot was visited by the IO and spot map was prepared. Photographs were clicked and photocopy of the Audit Reports dated 15.01.2025 and 05.02.2025, Entry and Exit Register, photocopy of the deployment of staff and security guards, despatch invoice bill were also produced before the police, which were taken into possession. 9.5. When, the footage of the CCTV cameras, installed in the premises, were checked, it was found that there was no recording, prior to 14.02.2025. During the investigation, it was found that the plant, namely M/s Silica Infotech Pvt. Ltd, was established in Village Sheetalpur, in the year 2017 and in that plant, Hindustan Petroleum Corporation Ltd. used to transport the gas through tankers and gas is supplied to the plant by filling it in small cylinders of different categories. The plant i.e. M/s Silica Infotech Pvt. Ltd, Sheetalpur was audited by the officials of Hindustan Petroleum Corporation Ltd., on 15.01.2025, in which, 584 kg of gas was found more than the record in the plant. At the relevant time, it was found that Vinod Sisodia (applicant in CrMP(M) No.628 of 2025) was working as Plant Manager, whereas, Nitesh Kumar (applicant in CrMP(M) No.727 of 2025) was working as Clerk. 9.6. At the relevant time, it was found that Vinod Sisodia (applicant in CrMP(M) No.628 of 2025) was working as Plant Manager, whereas, Nitesh Kumar (applicant in CrMP(M) No.727 of 2025) was working as Clerk. 9.6. It has been mentioned in the status report that the applicants are yet to be interrogated about their accomplice in the crime in question. 10. After perusing the said status reports, vide orders 22.03.2025 and 02.04.2025, passed in respective bail applications, Investigation Officer of the case/police was directed not to take any coercive action against the applicants. 11. In the supplementary status reports, filed thereafter, similar facts have been asserted, disclosing therein, that for transporting the gas to the premises of M/s Silica Infotech Pvt. Ltd, gas tankers are used. Before entering in the premises of the factory, the weight of the tankers is checked on weighbridge, installed on the entrance of the premises and after unloading the gas, the tankers are again weighed. The entire work was being supervised by Computer Operator through SAP software, installed there. The entire responsibility is stated to be of Computer Operator, as, he used to enter the factual position in the data. 11.1. Thereafter, the Computer Operator submitted daily report to Plant Incharge and other officials, through e-mail or WhatsApp. In addition to this, he also used to submit the information, with regard to the empty cylinders, in the premises. As per the status report, Vinod Sisodia (applicant in CrMP(M) No.628 of 2025) had last visited the premises, till 06.02.2025. 12. In the supplementary status report, filed on 04.04.2025, similar assertions have been made by mentioning that although, Vinod Sisodia (applicant in CrMP(M) No.628 of 2025) has been interrogated, but, he has shown his ignorance about the deficiency in the gas, as well as, the non-availability of gas cylinders there. 13. In the status report, which has been filed today, similar stand has been taken. 14. On the basis of above facts, a prayer has been made to dismiss the applications. 15. Heard. 16. The applicants have joined the investigation and the role, allegedly attributed to the applicants, in the crime in question, would be proved, during the trial. As such, bail applications cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law. 17. 15. Heard. 16. The applicants have joined the investigation and the role, allegedly attributed to the applicants, in the crime in question, would be proved, during the trial. As such, bail applications cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law. 17. Except the present case, no other criminal history of the applicants has been mentioned in the status reports, which have been filed on various dates, nor the same has been argued by learned Additional Advocate General, during the course of arguments. 18. In the status reports, which have been filed, there is no assertion that the custodial interrogation of the applicants is required. When, the police is not able to make out a case for custodial interrogation, then, the applicants are entitled for the relief, as claimed, in their respective applications. 19. Considering all these facts, both the bail applications are allowed and the applicants are ordered to be released on bail, in the event of their arrest, in case FIR No.55/2025 dated 17.02.2025, registered under Section 316(2), 316(4) and 3(5) of the BNS, with Police Station Baddi, District Solan, H.P., subject to furnishing personal bonds in the sum of Rs.50,000/- each, with one surety each in the like amount to the satisfaction of the Investigating Officer. 20. This order, however, shall be subject to the following conditions:- a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants will not leave India, without prior permission of the Court; c) That the applicants 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 Investigating Officer or the Court; and d) That the applicants shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 21. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail applications. 22. The applicants are directed to move regular bail applications, when chargesheet will be filed in the competent Court of law. 23. 21. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present bail applications. 22. The applicants are directed to move regular bail applications, when chargesheet will be filed in the competent Court of law. 23. It is made clear that the respondent-State is at liberty to move appropriate application(s), in case, any of the bail conditions, is found violated by any of the applicants. 24. Copy of this order be placed in the connected case file i.e. CrMP(M) No.727 of 2025.