Rohit Chauhan vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 16

SATYEN VAIDYA
Rohit Chauhan – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. C. N. Singh, Advocate.
For the Respondent:Mr. Manoj Chauhan and Mr. Varun Chandel, Additional Advocate Generals. Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advs.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, a prayer has been made for grant of pre-arrest bail to petitioner in case FIR No. 94 of 2022, dated 19.11.2022, registered at Police Station, Kotkhai, District Shimla, H.P. under Sections 408 and 34 of IPC.

2. The case has been registered on the basis of a complaint received by the police from Proprietor “Stan H.P. Enterprises” Gumma, which is a retail sale outlet for petroleum products, alleging inter alia that his four employees including the petitioner have misappropriated an amount to the tune of Rs.28,57,022/-. He further alleged that all the accused had absconded.

3. During investigation, the police is stated to have taken into possession the records maintained at “Stan H.P. Enterprises”. The investigation also discovered that the petitioner is maintaining five different bank accounts in his name and between February, 2022 to November, 2022, a total sum of Rs.17,57,014/- was deposited in his account with the Punjab National Bank. Out of such amount, a sum of Rs.3,26,372/- is stated to have been transferred to the account of another co-accused and Rs.2,45,645/- in the account of the complainant. The balance of the amount of