Himachal Pradesh High Court
Bhartendu Gupta vs State Of Himachal Pradesh on 13 October, 2023
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. 1997 of 2023
Reserved on: 04.10.2023
.
Decided on : 13.10.2023
Bhartendu Gupta ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Ajay Kochhar, Senior Advocate
r assisted by Mr. Vivek Sharma,
Advocate.
For the respondent : Mr. Mohinder Zharaick, Addl. A.G.
and Mr. H.S. Rawat, Addl. A.G and
Mr. Tejasvi Sharma, Addl. A.G.
assisted by Inspector Reena, Police
Station SV & ACB Shimla.
Virender Singh, Judge.
Apprehending his arrest, in case FIR No. 3 of 2023,
dated 21.07.2023, registered under Sections 420, 465,
467, 468 and 471 of the Indian Penal Code (hereinafter
referred to as 'IPC'), applicant Bhartendu Gupta has filed
the present application, under Section 438 of the Code of
Criminal Procedure (hereinafter referred to as 'Cr.PC').
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2. By way of application under Section 438
Cr.P.C., the applicant has sought indulgence of this Court
.
to direct the Police/Investigating Officer of PS SV & ACB,
Shimla, to release him on bail, in the event of his arrest, in
the above noted case.
3. According to the applicant, he has falsely been
implicated, in this case as he has nothing to do with the
offences, which have been levelled against him, in this
case. According to applicant, no recovery is to be effected
from him, as, the entire record, as well as, electronic
evidence has already been taken into possession by the
investigating agency.
4. The applicant has stated about the fact that he
is permanent resident of the address as mentioned in the
application, as such, he is having deep roots in the society.
5. The applicant has also sought the relief, on the
ground, that accused Manoj Kumar Gupta and Anand
Prakash Verma have already been released, on bail under
Section 438 Cr.P.C by this Court while deciding Cr.M.P(M)
Nos. 1838 and 1835 of 2023 vide order dated 04.08.2023.
6. On the basis of above facts, Mr. Ajay Kochhar,
learned Senior Advocate assisted by Mr. Vivek Sharma,
Advocate, has given certain undertakings, for which, the
applicant is ready to abide by, in case, any direction is
.
issued under Section 438 Cr.P.C.
7. The bail application was taken up for hearing
on 07.08.2023 and the State has been directed to file the
status report. On 08.08.2023, the police filed the status
report, disclosing therein, that a complaint was received in
Police Station, SV & ACB from the S.P. office for
registration of FIR.
r The subject of the complaint was
"inquiry regarding submission of abnormal medical
reimbursement claims by Sh. Anand Praksh Verma,
Superintendent Grade-II and Sh. Manoj Gupta,
Superintendent Grade-II.
7.1. It has been mentioned in the complaint that it
was found in the inquiry that Sh. Anand Praksh Verma,
Superintendent Grade-I and Sh. Manoj Gupta,
Superintendent Grade-II have submitted medical
reimbursement claims to the tune of Rs.9,45,982/- and
Rs.25,53,252/- respectively. After going into the details of
the bills, submitted for reimbursement, some discrepancies
were noticed, which are reproduced in the complaint. Sh.
Anand Prakash Verma, Superintendent Grade-I has
submitted medical reimbursement claim of Rs.9,45,982/-,
for the period 23.07.2013 to 08.07.2022. These bills
.
mostly pertain to Sh. Anand Prakash Verma,
Superintendent Grade-I and his wife Savita Verma. Sh.
Manoj Gupta, Superintendent Grade-II has submitted
medical reimbursement bills of Rs. 25,53,252/- for the
period 23.07.2013 to 08.07.2022. These bills mostly
pertain to Manoj Gupta, Superintendent Grade-II and his
wife Sunita Gupta.
7.2. It has also been mentioned in the status report
that the medicines/injections have been mostly purchased
from Chauhan Medicos Lakkar Bazar, Shimla and Nidhi
Medicos, Lakkar Bazar, Shimla. However, no major, indoor
admission or referral has been noticed. Similarly, the GST
number used in the bills pertain to Nidhi Medicos, Lakkar
Bazar, Shimla, which was in the name of Loveneesh Arya
with trade name Ultimed Solutions and the same has been
cancelled by the concerned Department on 14.03.2019.
The perusal of prescriptions also shows that same are
given by the same doctor and the medicines are also of
similar nature. As per the complaint, keeping in view the
claim of medial reimbursement, a curious question that
arises is as to why the officials were not admitted for the
disease.
.
7.3. On the basis of above facts, the said complaint
was made, which was entrusted to Inspector Chattar Singh
for inquiry, who after completion of inquiry, has
recommended to register the FIR.
7.4. During investigation, complainant Virender
Verma, Director, Elementary Education, Himachal Pradesh
has also forwarded the prescription slips, medical charges
reimbursement form H.P.T.R 6, OPD charges slips,
bills/invoice memo to the Medical Superintendent, IGMC,
Shimla. The Medical Superintendent, IGMC, Shimla has
found that the prescription slips, medical charges
reimbursement form H.P.T.R 6, OPD charges slips,
bills/invoice memo were not signed by him nor he had
checked the above persons. The Medical Superintendent,
IGMC Hospital, Shimla has also submitted the opinion,
according to which, Manoj Gupta, Superintendent Grade-II
has submitted prescription slip No. 202203025921 dated
03.03.2022 and Cr. No. 202106151908 dated 21.06.2021
purported to be issued by the Registration Counter, IGMC,
whereas, no doctor of IGMC, Shimla has prescribed the
medicines in it, nor the same has been issued by the OPD
Charges Slip IGMC. All these prescription slips, OPD
.
charges slips were found to be forged. When the bills
allegedly shown to have been issued by Chauhan Medicos
were verified, the owner of the same has stated that these
were not issued by them, nor, format bills/invoices pertain
to their shop, as such, these bills/invoices were found to
be forged. It has been found in the investigation that
Manoj Gupta has obtained amount of Rs. 3,33,586.37/-,
as medical reimbursement.
7.5. During investigation, when the record was
perused, then, it was found that Manoj Gupta has received
a sum of Rs.25,11,208/- as medical reimbursement claim
from his office, for the period between 08.11.2022 to
11.05.2022.
7.6. During investigation, accused Manoj Gupta has
disclosed that he and his wife used to get the forged
medical bills prepared from Bhartendu Gupta, Senior
Assistant (applicant), Government Dental College, IGMC,
Shimla and thereafter, they used to submit the medical
reimbursement with the Department. In lieu of that, they
used to give 20% amount as commission to Bhartendu
Gupta (applicant). Consequently, the search warrants for
the office and Government accommodation of Bhartedu
.
Gupta were obtained from the learned Chief Judicial
Magistrate, Shimla. Consequently, the office, as well as,
the Government accommodation of applicant Bhartendu
Gupta was searched. From Room No. 407-B, IGMC,
Shimla, one CPU Model HP Pro 3330 Micro Tower and from
his official residence, one laptop was taken into possession.
7.7. During investigation, it was found that Manoj
Gupta has deposited a sum Rs. 1,83,880/- in the account
No. 10012844017. The said back account is in the name of
Bhartendu Gupta.
7.8. During investigation, it has also been disclosed
by accused Manoj Gupta that after the registration of FIR
No. 2/2023, applicant Manoj Gupta and Anand Prakash
Verma stayed in Tara Aanchal Huts' from 22.07.2023 to
24.07.2023. Accused Bhartendu Gupta had come to meet
them and at that time, he had brought the bottle of liquor
with him and assured both of them that he has cleared all
the evidence from his office. Accused Bhartendu Gupta
stayed with them for about half an hour. This fact has
been ascertained from Sachin Thakur and Anil Kumar,
who were employees of Tara Aanchala Huts'.
.
8. After perusing the status report, the interim
protection was granted to the applicant and the matter was
adjourned for 11.08.2023.
9. On 11.08.2023, the police filed the status
report, disclosing therein that investigation is at the initial
stage and the applicant Bhartendu Gupta is serving in the
same office for last so many years, as such, he has
misused his position and got submitted the forged medical
reimbursement bills of accused Manoj Gupta and his wife
and also obtained 20% out of the said amount as
commission.
10. Thereafter, the status reports were filed on
various dates. In those supplementary status reports, it
has been mentioned that recovery of pen drives, as well as,
three stamps are yet to be made in this case.
11. In the status report, which was filed on
12.09.2023, it has been mentioned that accused has
submitted two pen drives, out of which, one pen drive of
16GB was recently purchased, whereas, in the second pen
drive, there was no data.
12. On 22.09.2023, accused has submitted the pen
drive, which was taken into possession, however, one more
.
pen drive and two stamps are yet to be recovered.
13. In the status report, which has been filed on
04.10.2023, it has been apprehended that in case, the
interim order is made absolute, the applicant may destroy
the record pertaining to the medical reimbursement bills
and invoice memos. The applicant is a very clever person
and in case, interim order is made absolute, he may coerce
the witnesses.
14. Apart from this, it has also been apprehended
in the status report, that in case, the interim order is made
absolute, he may not get the recovery effected, in this case.
15. On the basis of above facts, a prayer has been
made to dismiss the application.
16. The applicant, in this case, has sought the relief
under Section 438 Cr.P.C mainly, on the ground, that co-
accused Manoj Gupta and Anand Prakash Verma had
already been granted relief under Section 438 Cr.P.C while
deciding Cr.M.P(M) Nos. 1838 and 1835 of 2023. Those
applications were allowed on 04.08.2023.
17. As per stand taken in the present case, the said
persons have been named as accused in FIR No. 2 of 2023.
.
The role allegedly played by the applicant in the
commission of the crime as alleged against him is
altogether different from the role allegedly played by those
two persons, as such, principle of parity does not apply, in
the present case.
18. The applicant has been granted interim
protection by this Court vide order dated 08.08.2023 and
thereafter, he was directed to join the investigation as and
when directed to do so by the I.O. When, direction has
been given to the applicant to join the investigation, then,
it is incumbent upon him to co-operate in the
investigation, of the case.
19. Considering the stand taken by the police, in
the status report, this Court is of the view that the
applicant has not co-operated in the investigation of the
case. Keeping in view the seriousness of the allegations,
which have been levelled against the applicant, this Court
is of the view that confirmation of interim order dated
08.082023, is nothing, but, to interfere in the investigation
of the case, which is prohibited under the law. According
to the stand taken in the status report, the applicant was
allegedly getting the commission out of the amount
.
received by the beneficiary while submitting the forged
medical reimbursement bills. The investigating agency is
at liberty to conduct the investigation to find out the truth.
20. The custodial interrogation is more result
oriented, than, the investigation of a person, who is having
interim protection, of the Court, under Section 438 Cr.P.C,
in his favour. r
21. Considering all these facts, this Court is of the
opinion that the applicant is not entitled for any relief
under Section 438 Cr.P.C. As such, the application is
dismissed, by withdrawing the interim protection, granted
to him vide order dated 08.08.2023.
22. Any of the observations, made hereinabove,
shall not be taken as an expression of opinion, on the
merits of the case, as these observations, are confined,
only, to the disposal of the present bail application.
( Virender Singh )
Judge
October 13, 2023
( naveen )
