Cr.M.P.(M) No. 1191 of 2008 3.12.2008 Present: Mr. R.S. Verma, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail to the petitioner in a case FIR No. 574 of 2007 dated 10.10.2007 registered at Police Station, Kullu under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code. Mr. R.S. Verma has strenuously argued that his client is an innocent person and has been falsely implicated in the case by the police. He then contended that role of his client being General Manager of the Company was to facilitate the process of getting the ‘NOC’ from various authorities. He lastly contended that his client was not involved in collecting the money on behalf of the Company. The learned Senior Additional Advocate General has opposed the bail application. He contended that the petitioner in league with Shri S.R. Pathik and Mr. R.S. Rana have collected about Rs. 6,22,78,000/- from the public at large but have not accounted for the same. I have heard the parties and have gone through the records. The petitioner had been working as General Manager in the Company. One Mr. S.R. Pathik was the Chairman of the Company. Mr. R.S. Rana was the Managing Director. It has come in the records that these three persons had been collecting money on behalf of the Company. A sum of Rs. 6,22,78,000/- has been collected by these persons from the year 2000 to 2007. The modus operandi of these persons was to issue share certificates of the Company to the gullible persons within tacit understanding to give them employment. These persons were also given allurement that their money will be doubled. Mr. R.K. Sharma has contended that the Company had not been maintaining the proper records as per the provisions of the Companies Act. He further contended that the records have been fabricated by these three persons defrauding the public at large. The entire record has also not been handed over by these persons of the Company to the Investigating Agency. Mr. Sharma has lastly contended that the police had moved an application before the learned Chief Judicial Magistrate, Kullu for seeking their custody for investigating the three accused jointly. The application has been rejected by the learned Chief Judicial Magistrate, Kullu. The State has filed an appeal against the orders passed by the learned Chief Judicial Magistrate, Kullu. The same was listed for today. However, it has been adjourned for 22.12.2008. The police is also getting the assessment of the work at the project site carried out by the Company independently from the Public Works Department. The Court is of the opinion that on the basis of the records and the investigation carried out till date, the complicity of petitioner cannot be ruled out in this white collar crime. Accordingly, the petitioner has not made out any case for being released on bail. Consequently, the bail application is dismissed. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. (Rajiv Sharma), J. December 3, 2008. (cr)