Anticipatory bail may be granted in non-bailable offences if the accused is a first offender and the evidence is primarily documentary, provided they comply with conditions set by the court.

JUDGMENT

Mr. Anoop Chitkara, J. 

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. In paragraph 13 of the bail petition, the accused declares that he has no criminal antecedents.

3. The prosecution's case is being taken from reply dated 04.07.2024 filed by the Deputy Superintendent of Police, E.O.W, Sector-17, Chandigarh, which reads as follows:

"3. That the brief facts of the case are that, FIR No.63 Dated 11.04.2024 Under Sections 406, 420, 467, 468, 471, 120-B of IPC and Section 13(1) of the Prevention of Corruption Act, 1900 at P.S. Central Sector, Chandigarh (Annexure P-l) has registered against M/S Star Enterprises, M/S Virk Computer Hub, M/s GuruKirpa Enterprises, M/S Guru Nanak Enterprises, Bhim Singh Clerk, the then caretaker, Ms. Kiranjit Kaur Walia, Supdt, the then DDO and Sh. N.K. Mittal the then DD Admn and others. The instant prosecution has been launched at the instance of District Food and Supply Officer, Chandigarh disclosing that the accused Gurbhej Singh being the sole Proprietor of M/s Star Enterprises along with other firms have embezzled Government money to the tune of 77 lakhs in the financial year 2014-15 and 2015-16 by committing fraud on the basis of false, forged and fabricated documents. A Committee under the Chairmanship of Sh. Surinder Singh, the then Assistant Controller, Food Accounts was constituted and it was found that above mentioned firms had grabbed Government funds in the sum of Rs. 70 lakhs in the financial year 2014-15 and Rs. 7,83,619/- in the financial year 2015-16 up to 18.05.2015 on the basis of bogus bills. Upon report of the above said committee a legal opinion was also sought from the Deputy District Attorney of the Department and he opined that huge financial implication have been involved due to wrong payments made to private firms and it is a fit case to criminally prosecute the defrauding Firms and to identify all the culprits involved in the fraud.

That initially the compliant was made to Commissioner of Police, Panchkula, Flaryana vide letter dated 03.05.2019. On the said complaint, a case FIR no.75 Dated 04.03.2019 Under Sections 403, 409, 420, 467, 468, 471 of the IPC at P.S Sector 5 Panchkula, Flaryana. However, upon investigation it was concluded that the present offences are not committed within the territorial jurisdiction of Panchkula Police rather the present offences are committed within the Territorial Jurisdiction of Chandigarh Police. Thereafter a report was received in the office of SSP/UT Chandigarh from Commissioner of Police, Panchkula and the said report was marked to E.O.W cell sector 17 Chandigarh. Upon enquiry, the present FIR no.63 dated 11.04.2024 under section 406, 420, 467, 468, 471, 120-B of IPC and Section 13(1) of the Prevention of Corruption Act, 1988 at P.S. Central Sector, Chandigarh was registered."

4. Counsel for the petitioner has argued that a false case has been registered against the petitioner as a counterblast to his legal notice(s) (Annexurs P-2), Civil Suit for recovery (Annexure P-3) wherein he was seeking release of payment of his bill amount for the work which he has done, Appeal against the said Civil Suit (Annexure P-5) and petition under section 156(3) of CrPC (Annexure P-6) for penal action against the Department of Food Supplies, as the employees of the department were asking illegal gratification for sanctioning his bills and releasing of payment which were pending. He further submits that specific stand taken by the State is that no bill is over the amount of Rs. 10,000/- which is incorrect and evident from the copies of bills which are annexed as Annexure S-l which depict that the bill amount was also above Rs. 10,000/-. He further submits that th