Gaurav Vij vs. State Of Punjab

Facts

The petitioner, Gaurav Vij, filed a petition under Section 439 of the Code of Criminal Procedure seeking regular bail. He was arrested in connection with FIR No. 149 dated 11.09.2020, registered at Police Station Urban Estate, District Patiala, under Sections 408 and 420 of the Indian Penal Code. The petitioner was appointed as a Regional Manager at F-360 Gym LLP. The gyms were raided for GST evasion, and subsequently, allegations of embezzlement were made against the petitioner by the Directors. The petitioner has been in custody since 30.10.2020. The challan (charge sheet) has been presented after investigation, and the petitioner's services have been terminated.

Held

The Court allowed the petition for regular bail. The reasoning was based on the fact that the investigation had been completed and the challan had already been presented. The Court considered the circumstances of the case and the stage of the proceedings. The ratio decidendi is that once the investigation is complete and the challan is filed, and considering the petitioner's lack of influence over witnesses due to termination of services, bail can be granted. The operative direction was to release the petitioner on regular bail upon furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate.

Key Issues

1. Whether the petitioner is entitled to regular bail in FIR No. 149 dated 11.09.2020, under Sections 408 and 420 of the Indian Penal Code, considering the completion of investigation and presentation of challan? The petitioner argued that there has been an inordinate delay of 9 months in filing the FIR and that he has been made a scapegoat. He contended that the allegations of embezzlement were put up against him as a defence by the Directors after the gyms were raided for GST evasion. Furthermore, his services have been terminated, making it unlikely for him to influence material witnesses. The respondent-State opposed the grant of regular bail.