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Judgment
9 paragraphs · 283 words!
Avneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
This is a petition seeking regular bail in FIR No. 222, dated 23.11.2018, under Sections 420, 406, 465, 467, 468, 471 and 120-B IPC (Section 409 IPC and Sections 7, 13 (1) (A) of Prevention of Corruption Act added later on), registered at Police Station Guruharsahai, District Ferozepur.
The FIR was registered on the application made by District Manager, PUNSUP, Ferozepur. The allegations in the FIR are that three commission agents and one rice miller alongwith the petitioner who was posted as Purchase Manager with PUNSUP joined hands and 55843 bags of paddy sent for custom milling to M/s Surrise Food Products, Jiwan Arai, District Ferozepur went missing.
Learned counsel for the petitioner submits that the petitioner is behind the bars since 2nd December, 2019. He further submits that challan was produced but no charges have been framed and the petitioner is not the beneficiary, rather the amount has gone to the accounts of the commission agents.
Learned State counsel opposes the prayer and submits that the petitioner was specifically named in the FIR and misused his position as an employee of PUNSUP. He was the overall incharge for looking after the purchase of foodgrains. Hence, no case is made out for bail.
Considering the facts that petitioner is employee of the PUNSUP; the investigation is complete and all the evidence within the knowledge and possession of the petitioner has been considered; and the period of his custody, the present petition is allowed.
Petitioner is ordered to be released on bail on furnishing surety bonds to the tune of R5,00,000/-to the satisfaction of trial Court.