JUDGMENT :

Anoop Chitkara, J.

1. The petitioner, who was posted as Inspector in the Department of food, Civil Supplies and Consumer Affairs, apprehending arrest in the FIR captioned above, has come up before this Court under Section 438 CrPC seeking anticipatory bail.

2. Vide order dated 15.03.2024, arrest of the petitioner was stayed and the said order is continuing till date.

3. In paragraph 30 of the bail petition, the accused declares the following criminal antecedents:

4. Prosecution's case is being taken from the reply dated 19.03.2024, which reads as under:-

"3. That the present FIR No. 277 dated 02.08.2022 U/S. 409,120-B IPC, 13 PC ACT, 1988 AS Amended (2018), has been registered at PS City Firozpur on the written complaint by District Controller, Food Civil Supplies and Consumer Affairs, Firozpur vide its O.M No A/4/2022/5107 to SSP Firozpur against accused and co accused namely (1) Hansraj Singh S/o Pyara Singh R/o Chimne wala, District Fazilka, (2) Hansraj S/o Mithu Ram, R/o Kata Tibba, District Fazilka (3) Baljit Ram S/o Bohar Ram, R/o 75, New Puda Avenue, Firozpur City, (4) Baj Chand S/o Munshi Ram, R/o Ahal Bodla, District Fazilka (5) Gulab Singh S/o Jagga Singh, R/o Village Duneke, District Moga & (6) Yadwinder Singh S/o Gurjant Singh, R/o Mehta Block Sangat, Bhatinda(Petitioner) in regard to allegations of embezzlement and misappropriation of wheat stock PUNGRAIN Agency pertaining to the year 2022 which was stored/lying in the Godown namely M/s Bedi covered Godown Firozpur City.

4. That it is submitted that all the above mentioned accused are in the capacity/designation of "Inspector" in the abovementioned department and are the custodian of the stock which has been misappropriated and embezzled by them.

5. That it is submitted that on 27.07.2022 an inter district physical verification of various Godowns of district Fi- rozpur was carried out by the teams constituted upon the written instructions of Deputy Director (Field), De- partment of Food, Civil Supplies and Consumer Af- fairs. The physical verification of Godown M/S Bedi covered Godown, Border road, Firozpur city was con- ducted by Harpreet Singh, ASFO, Nihal Singh Wala and as per report submitted by him, shortage of 10364 bags of Centre pool wheat weighing 5182 guintaIs and shortage of 16389 bags of state pool wheat weighing 4916.700 guintals was detected and due to this embez- zlement, the government suffered financial loss of 2 Crores and 31 Lakhs Rs.

6. That it is also submitted that all the accused mentioned above were posted as inspectors and were custodian of the stock and had been declared as responsible duty bound as per OM endorsement Memo No P.A/K.KH.S/2012/6715 dated 28.09.2012 issued from the Office of Commissioner, Food Civil Supplies and Consumer Affairs Department, Punjab, Chandigarh.

7. That it is submitted that the accused applicant has now joined the investigation with this office on 16.03.2024,17.03.2024 & 18.03.2024. It is pertinent to mention to this Hon'ble Court that during the course of inquiry with the accused in the investigation, record(s) pertaining to receipt of the wheat stock (Godown register and gate passes) maintained by the accused for/at Cham-ber No. 5 & 6 of Bedi covered godown also known as Savitri godown, for which the accused had been in the official capacity as custodian and as a matter of record the abovementioned record has not been submitted by the accused.

5. By referring to para 3(a) of the bail petition, petitioner's counsel submits that petitioner was transferred from District Moga to District Fer