Kuldeep Singh vs State of Himachal Pradesh

Chander Bhusan Barowalia, J.

The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in

the event of their arrest, in case FIR No. 33 of 2018, dated 03.05.2018, under Sections 419 and 420 Indian Penal Code and Section 66-C of the

Information and Technology Act, registered in Police Station, Sangrah, District Sirmaur, H.P.

As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of

the place is and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

Police report stands filed. As per the prosecution story, on 03.05.2018 an FIR came to be registered in Police Station Sangrah, on the complaint of

the Member Secretary SDA Scheme (Skill Development Allowance)-cum-district Employment Officer, Sirmaur, at Nahan. Tersely, the allegations

against the petitioners are that they have made irregularities in the skill development allowance website whereby huge amount of government money

has been misappropriated. When the matter was inquired into, it was found that the petitioners made illegal use of SDA software and uploaded SDA

applications using official ID and password. They entered their password and personnel bank accounts number of different banks to get the credit of

SDA allowance in their accounts. Thus, the petitioners managed to misappropriate funds from DEE, Hamirpur, RFF, Shimla and DEE, Sirmour, which

comes to `12,92,000/-. On the basis of the complaint, FIR was registered and investigation ensued. During the course of investigation, it was found that

in total 123 applications were uploaded fraudulently by the petitioners by using their password and personnel bank accounts number of different banks

and it was found with an intention to get the credit of SDA allowance in their accounts. The petitioners have joined the investigation and the

investigation is till going on. Lastly, the prosecution has prayed that the petitioners were found involved in a serious offence, thus their bail applications

be dismissed.

I have heard the learned Counsel for the petitioners, learned Additional Advocate General for the State and gone through the record, including the

police reports, carefully.

The learned Counsel for the petitioners has argued that the petitioners are joining and co-operating in the investigation and their custodial

interrogation is not at all required. He has also argued that the petitioners are residents of the place and are neither in a position to tamper with the

prosecution evidence nor in a position to flee from justice. He has argued that no fruitful purpose will be served by keeping the petitioners behind the

bars, so they may be released on bail. Conversely, the learned Additional Advocate General has argued that in case the petitioners are released on

bail, they may tamper with the prosecution evidence and may also flee from justice. The petitioners have committed a serious offence, thus it has been

prayed that the bail application of the petitioners may be dismissed.

At this moment, taking into consideration the fact that the petitioners are joining and co-operating in the investigation, they are residents of the place

and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and also the fact that the prosecution case is

based upon documentary evidence, and also considering the overall aspects of the case, which have come on record, the present is a fit case where

the judicial discretion to admit the petitioners on bail, in the event of their arrest, is required to be exercised in their favour. Under these circumstances,

it is ordered that the petitioners be released on bail, in the event of their arrest, in case FIR No. 33 of 2018, dated 03.05.2018, under Sections 419 and

420 Indian Penal Code and Section 66-C of the Information and Technology Act, registered in Police Station Sangrah, District Sirmaur, H.P. on their

furnishing personal bond to the tune of `50,000/- (rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the

Investigating Officer. The bail is granted subject to the following conditions:

(i) That the petitioners will join investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii) That the petitioners will not leave India without prior permission of the Court.

(iii) That the petitioners will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to the Investigating Officer or Court. In view of the above, the petition is disposed of.