ARCHNA THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing her on bail, in the event of her arrest, in case FIR No. 45 of2017, dated 27.03.2017, under Sections 409, 420, 120B IPC and Section 13(2) PC Act, Police Station Barotiwala, Police District Baddi, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is ready and willing to join the investigation. It is further averred that petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so she be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 27.02017 a complaint was received by the police from Managing Director Himachal Pradesh Beverages Ltd. (complainant) , wherein it was averred that one Ankush Chauhan, ETI, presently posted as Assistant Depot Manager at HPBL Depot Baddi, located at BBNDA Baddi, Factory Outlet, Shop No. 6-7, Suncity Road, Baddi, District Solan, sold liquor on credit basis to the retail licensees and due to this an amount of Rs. 3,22, 51, 948/- (three crore twenty two lac fifty one thousand nine hundred forty eight) is recoverable from the licensees. Said Ankush Chauhan had the knowledge that the provisions of Liquor Sales Police of HPBL for the year 2016-17 do not allow credit sale. It was further averred in the complaint that the petitioner purchased stock of Rs. 1,03, 09, 021.51/- and only paid Rs. 41, 26, 050/- and an amount is Rs. 61, 82, 971.51/- is yet recoverable. Like this, huge amounts of money are also recoverable from other accused. On the basis of the complaint, so made, a case came to be registered against the petitioner and investigation ensued. The investigation revealed that total amount of Rs. 53, 26, 264.41/- has not been deposited by the petitioner in the government exchequer. The petitioner and other accused in connivance with Ankush Chauhan caused huge loss to the public money. Lastly, the prosecution has prayed that the bail application may be dismissed.