- (1.) Ajay Raghav, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 38 dated 17.03.2012 at Police Station Bhondsi, District Gurgaon for an offence punishable under section 409 of Indian Penal Code.
(2.) Learned senior counsel for the petitioner drew my attention, to begin with, to FIR Annexure P1 and has taken me through the contents thereof. According to him, on account of the irregularities, a sum of Rs. 63.09 crores is stated to be recoverable from the petitioner. According to him, in the FIR, there is also a mention of the attempts to recover the said amount from the petitioner. He has further submitted that Ranvir Singh and others had filed Civil Writ Petition No. 17011 of 2011 against the petitioner and others in which the State had filed status report with regard to this matter. According to him, in the said status report, it has been mentioned that the loss caused by the petitioner to Gram Panchayat, Bhondsi has been assessed at a sum of Rs. 63.09 lacs by the Block Development & Panchayat Officer (BDPO), Sohna vide his report dated 27.1.2012 and further proceedings regarding recovery of this amount from the petitioner are in progress. He then drew my attention to Annexure P3, a report made by BDPO, Sohna after conducting the enquiry. According to him, irregularities had been found by the enquiry officer on four points and they have been mentioned in the concluding part of the enquiry report from para No. 8 onwards.
(3.) According to him, on these points also, the conclusions are not definite and what is stated about the loss is as per guess work. Learned senior counsel then drew my attention to page 55 of the enquiry report where the amount of loss is quantified.;