IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 619 of 2011. Date of decision : 23.08.2011. ____________________________________________________________ Sanjay Kumar. ..…Petitioner. Versus State of Himachal Pradesh. ..…Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No For the Petitioner : Mr. Ajay Kumar Dhiman, Advocate. For the Respondent : Ms. Ruma Kaushik, Additional Advocate General with Mr. J.S.Rana, Assistant Advocate General. Kuldip Singh, Judge (Oral). This is an application under Section 438 Cr.P.C. for releasing the applicant on bail in FIR No. 8/2011 registered on 04.08.2011 at Police Station SV &ACB, Nahan, under Sections 420, 467, 468, 471, 120-B IPC and 13(2) of Prevention of Corruption Act, 1988. The status report filed and the same has been perused. 2. It has been stated in the application that a false complaint has been lodged against the applicant by some person in the State Vigilance and Anti Corruption Bureau, Nahan. The inquiry was conducted and thereafter the case has been registered. The applicant came to know about the case by reading the news item in newspaper ‘Amar Ujjala’ on 10.08.2011. 1 Whether reporters of Local Papers may be allowed to see the Judgment ? Yes 2 3. The applicant is innocent, he has committed no offence. The applicant is apprehending his arrest on account of registration of the case. The applicant is ready to join investigation. The applicant is working as Junior Engineer in Irrigation and Public Health Department and, therefore, there is no question of applicant jumping the bail or absconding. The learned counsel for the applicant has prayed for grant of bail. 4. The application has been opposed by learned Additional Advocate General on the basis of status report. It has been submitted by learned Additional Advocate General that it has come in the report that in the scheme 20 mm dia 2280 metres and 15 mm dia 375 metres less pipeline has been laid which has caused loss of `1,70,462/- to the State exchequer. Similarly, `40,000/- has been misappropriated which was meant for construction of farm pond, Gowashardhar in Gram Panchayat Kiari Gundah. It has been submitted that applicant , Dalip Singh Chairman Committee and Dharam Singh Ex-Pradhan of Gram Panchayat Kiari Gundah are the accused in the case. The learned Additional Advocate General has prayed for dismissal of the bail application. 5. I have heard both the sides. In the status report, it has been stated that case has been registered on 04.08.2011. The investigation is at the initial stage. The site is located in Gram Panchayat Kiari Gundah (Bakras) which is at a distance of 110 km from Police Station and on account of heavy rains and vegetation, at this stage, it is quite difficult to inspect the pipeline which is underground. The record is to be collected and on that basis the 3 further investigation will proceed. At this stage, for the arrest of applicant, evidence is to be collected and for want of sufficient material, it is not possible to arrest the applicant. It has been submitted that applicant is a clever man and he will interfere in the investigation in case he is released on bail. 6. The Investigating Agency, at this stage, is not having sufficient material to arrest the applicant in the case. On the other hand, the applicant is apprehending his arrest in the case registered on 04.08.2011. The Investigating Agency has not ruled out the possibility of arrest of the applicant in the near future. It has been stated in the status report that record is yet to be collected and pipeline in question is yet to be inspected. In these circumstances, the applicant has made out a case for grant of bail under Section 438 Cr.P.C, hence, it is directed that in the event of arrest of applicant, in FIR No. 8/2011 registered on 04.08.2011 at Police Station SV &ACB, Nahan, under Sections 420, 467, 468, 471, 120-B IPC and 13(2) of Prevention of Corruption Act, 1988, he be released on bail on his furnishing personal bond in the sum of ` 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the applicant shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner or terrorize the prosecution witnesses. 7. The observations made in this judgment are for disposal of bail application only and the same shall not be construed as expression of opinion on the merits of the case. Copy ‘dasti’. August 23, 2011. (Kuldip Singh) (Krt) Judge.