Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38351 of 2019 Applicant :- Awadhesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ved Prakash Pandey,Sandeep Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State.
This application under Section 438 Cr.P.C. has been moved by Awadhesh Kumar in Case Crime No. 75 of 2019, under Section 409 I.P.C., P.S. Garautha, District Jhansi.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number. One Anook Kumar was Assistant Accountant deputed to look after the working of above Centre and he was weekly checking the stock register. So it was the duty of Anook Kumar to maintain stock register. Rs. 6,91,338/- was duped relating to above centre in Punjab National Bank Account at Garautha at the time of lodging of FIR. Online feeding of 3373 quintal was not completed and on 18.5.2019, authorities have closed I.D. of feeding of stock of wheat and got this case lodged without giving him any opportunity to explain. He being Government servant has prayed for this anticipatory bail.
Learned AGA has vehemently opposed the pryer of the application with this contention that there is a misappropriation of wheat in the tune of 4,735.50 quintal amounting to Rs. 88,08,030.00/-, for which this report was got lodged.
Having heard learned counsels for both sides and gone through First Information Report, it is apparent that this case is not against applicant for offence of misappropriation only rather there is contention that wheat purchased from alleged farmers seems to be purchased from business organisers under the garb of some purchaser of wheat from farmers because many of them were resident of locality of about more than 50 kilometres from the above centre of which accused was in-charge. Beside this, there was lack of delivery of 4735 quintal of wheat at P.C.F. Centre. This wheat ought to be at the centre of applicant but in physical verification, no such wheat was there. Meaning thereby, neither stock was present at the stock centre nor it was delivered at P.C.F. centre nor feeding, as per purchase reported and for whom amount paid, was entered and this purchase was under connivance from business organizers under Government scheme, hence, accusation is of misappropriation and misuse of centre which is under Public Distribution Centre, which is offence against poor farmers as well as beneficiaries of Public Distribution System. Investigation is going on. hence, no ground for anticipatory bail is there.
The Anticipatory Bail Application is rejected, accordingly.
Order Date :- 27.9.2019 Kamarjahan