Heard learned counsel for the applicant, learned A.G.A and perused the record.
Accused applicant is involved in case crime No.C-1 of 2003,under sections 419,420,467, 468 and 471 IPC, P.S. Pachperwa, district Balrampur.
As per prosecution case, when the applicant was Gram Panchayat Adhikari, Imiliya Khadar, P.S.Pachperwa , district Balrampur, several irregularities were made by him in collusion of other co accused. Scholarship of dead students was received, misappropriated, signatures of dead persons on the proceeding of meeting were shown another, Rs.2325/ of scholarship of students were misappropriated . Several other allegations were made in the applications under section 156(3) Cr.P.C and under the order of the learned Magistrate , the case was registered against him and now un-disputedly charge sheet has been submitted against the applicant..
Applicant claims his false implication in the matter and it was argued that he has not been charge sheeted under section 409 IPC in the matter. He was never beneficiary in the matter and nothing was mis-appropriated by him. It was also argued that nowhere it has been stated that he has induced any person to commit any offence under section 419,420,467,IPC and no case under section 468 and 471 IPC is made out against him Learned A.G.A argued that offence is of serious nature. Applicant moved an application before this court for staying the arrest.This court has directed him to appear before the court and get himself released on bail but he has not complied the order of the court, he remained absconded for three years.He is not entitled to be released on bail.
Seeing the allegations made in the FIR, which are of trivial nature , the applicant is a government servant, there is no possibility of his absconding, no charge sheet has been submitted against him under section 409 IPC, he is already in jail since 26.10.2009, in the aforesaid circumstances and considering the arguments advanced by learned counsel for parties, I find it a fit case for bail.
Accordingly, let accused applicant be released on bail in the above case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Date of Order 19.1.2010 R.P./