Pre-arrest bail is an extraordinary remedy that should be granted sparingly, particularly in economic offences, where custodial interrogation is necessary for effective investigation.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that the Police have registered an F.I.R. No. 23 of 2025, dated 29.01.2025, at Police Station Sadar Chamba, District Chamba for the commission of offences punishable under Sections 316(2) and 318(4) of Bhartiya Nayay Sanhita, 2023 (BNS). The petitioner has an apprehension that the Police would arrest him in connection with the aforesaid FIR. He has no role to play in the matter. He is innocent and wasfalsely implicated in the case. He had earlier filed a pre-arrest bail petition, which was registered as Cr.MP(M) No.119 of 2025 but he mentioned the wrong FIR number, date and section and the petition was dismissed as withdrawn. The petitioner joined the investigation as per the order passed in the earlier petition. The petitioner has been working as a Manager at Woodland Store, Chamba since 17.5.2022. He was transferred to Woodland Store, Dharamshala on 8.12.2024. He came to know that there was a shortage of stock worth Rs. 1,96,000/- at the Chamba Woodland Store. The stock was in order on 8.12.2024 at the time of handing over the charge. A false FIR was registered against the petitioner. The petitioner has joined the investigation and he would abide by the terms and conditions which the Court may impose. Hence, the petition.

2. The State filed a copy of the FIR, in which it was mentioned that the petitioner was working as a store incharge. He was directed to transfer the stock from Chamba to Ludhiana and to report at Dharamshala. A call was received from the Ludhiana Store that no stock was received from Chamba. The petitioner replied that he had sent the stock through the courier services. Inquiry was made from the courier who disclosed that no articleswere sent by the petitioner. The petitioner has absconded and switched off his mobile phone. He caused the loss of Rs. 21 lacs to the company. The police registered the FIR.

3. I have heard Mr. Vinay Sharma, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State.

4. Mr. Vinay Sharma, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. He would abide by the terms and conditions which the Court may impose. He had handed over the stock as per direction and a false FIR was registered against him. He had also joined the investigation earlier and there is no apprehension that he would abscond. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr Prashant Sen, learned Deputy Advocate General for the respondent/State, submitted that the petitioner had misappropriated the stock worth Rs.21 lacs. He was directed to send the stock to the store at Ludhiana but he failed to do so. The courier service also stated that no such stock was handed over to it. At this stage, the petitioner is to be interrogated and the stockis to be recovered. Hence custodial interrogation of the petitioner is required. He prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. It was laid down by the Hon’ble Supreme Court in P. Chidambaram v. Directorate of Enforcement, (2019) 9 SCC 24: (2019) 3 SCC (Cri) 509 : 2019 SCC OnLine SC 1143 that the power of pre-arrest bail is extraordinary and should be exercised sparingly. It was observed:

“69. Ordinarily, arrest is a part of the procedure of the investigation to secure not only the presence of the accused but also several other purposes. Power under Section 438 Cr.P.C. is an extraordinary power, and the same has to be exercised sparingly. The privilege of pre-arrest bail should be granted only in exceptional cases. The judicial discretion conferred upon the court has to be properly exercised after application of mind as to the nature and gravity of the accusation; the possibility o