Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed.

ORDER :

These petitions, arising out of one and same FIR, to be decided on the basis of common facts and circumstances, and material on record, are being disposed of by this common order.

2. Petitioners, invoking Section 438 of the Code of Criminal Procedure, have approached this Court for grant of bail in case FIR No.28 of 2022, dated 21.4.2022, registered under Sections 409 and 120-B of the Indian Penal Code (for short ‘IPC’), in Police Station Theog, District Shimla, Himachal Pradesh.

3. Status Report stands filed. Record has also been made available. Earlier petitioners had approached the Special Judge (CBI), Shimla by filing Bail Application No. 22-S/22 of 2022 titled Mool Raj Chauhan vs. State of HP and Bail Application No. 24-S/22 of 2022 titled Sunil Dutt vs. State of HP

4. Prosecution case is that on finding shortage of stock and discrepancies with respect to receipt and sale of stock at Petrol Pump Deorighat, being run by HIMFED, four members Departmental Committee, under the General Manager, HIMFED, was constituted on 11.4.2022 to look into the issue. The Committee in its Report dated 18.4.2022 pointed out serious financial irregularities and embezzlement of Government funds to the tune of Rs.1,30,83,787.36 Ps. During inquiry, two employees namely Mool Raj, who was Incharge of Petrol Pump, and Sunil Dutt, who was Outsourced Clerk, deployed on the same Petrol Pump accepted their role in embezzlement and promised to repay the amount.

5. On the basis of aforesaid Report, a complaint dated 19.4.2022 was received from Incharge, HIMFED Regional Office Shimla, in Police Station Theog. On the basis of it, FIR was registered and investigation was handed over to Sub Inspector/Incharge Ram Asra. Keeping in view the sensitivity and seriousness of matter, the Director General of Police, Himachal Pradesh constituted a Special Investigating Team.

6. During investigation, petitioners after obtaining interim bail from Special Judge (CBI), Shimla on 23.4.2022, joined investigation, but their bail applications were dismissed on 30.4.2022. Thereafter, petitioners obtained anticipatory bail from this Court on 4.5.2022 and joined the investigation.

7. During investigation, as per status report, petitioners disclosed that during the year 2018, there was deficit of Rs.2,40,000/- in the accounts of Petrol Pump and to cover-up this gap, Mool Raj had deposited Rs.1 lac but remaining amount was not deposited by anyone and to recover the aforesaid amount, Mool Raj and Sunil Dutt started to record lesser sale in the Register than actual sale but by 31st March, 2019 this deficit became Rs.5 lacs and, therefore, Mool Raj started to deposit the amount in the account of HIMFED after borrowing it from persons other than employees of HIMFED and on 31st March, 2022, in the Cash Book, deficiency became Rs.13,84,000/- whereupon, Mool Raj arranged Rs.11 lacs and deposited the same in the account of HIMFED in order to keep the account of HIMFED in order during Financial Year. Further that Mool Raj and Sunil Dutt, during 22nd March to 30th March, 2022, did not enter/record supply of seven tankers to Petrol Pump in Registers because after recording receipt of these tankers in the Register, Cash Book, account of HIMFED, on 31st March, 2022, would not have been settled. In this regard, Managing Director of HIMFED received an information on 11.4.2022 whereupon he constituted a Committee and as per Report of Committee, there was shortage of 81598 litres petrol, 47308 litres diesel, 13500 lubricants on Petrol Pump with underground shortage of 4246 litres petrol, 2124 litres diesel, which was worth Rs.1,30,83,787.36 Ps.

8. As per status report, it has come in investigation that according to appointment orders, Vipin Mista, Sita Ram and Suresh Kumar were appointed as Clerks, Storekeeper and Peon respectively but Mool Raj, at his own level, had ordered specially that Sunil Dutt shall maintain the office record, bank record and bills and daily sales summary as well as deposi