The I.O., who is present today in the Court need not appear on the next dates of listing unless called for.
Heard learned counsel for the applicant, learned A.G.A. and perused the entire record of the case.
As per prosecution case, accused applicant, Mohd. Aslam Siddiqui, was posted for about five years as Marketing Inspector, Block Distribution Center, Amaniganj, Faizabad. Vide Government Order dated 30.4.2008, the applicant was transferred to Chitrakoot. Accused applicant neither left the station nor handed over his charge, as such, on further orders of the higher officials, on 4.8.2008, officials inspected 16 go-downs and sealed them in front of the witnesses and a notice was also pasted on the godowns. The District Magistrate vide order dated 7.8.2008, authorized S.D.M. Milkipur to get open the locks and also to get the charge handed over to Shri Gurucharan Verma. Further the prosecution case is that on 9.8.2008 to 11.8.2008, the godowns were inspected and the stock therein was found less. On inspecting the stock, it was found that 255 quintals of wheat and 545.5 quintals of rice was found less. The stock of sugar was found as per record. Thus, the allegation against the accused applicant according to the allegations of the FIR, is that he misappropriated food-grains causing financial loss to the government. Learned counsel for the applicant denies all the allegations so levelled against him and submits that the applicant himself gave charge to Shri Gurucharan Verma, which is evident from Annexure 4 to this bail application, wherein the signature of the accused applicant finds place. It is also submitted that it is admitted case of the prosecution that the stock of sugar was found correct, which shows the credibility of the accused applicant. He also submits that out of the offences so levelled against the accused applicant only Section 409 IPC was found after the investigation, as such, the chargesheet under section 409 IPC was submitted. The Investigating Agency did not find any charge under Sections 467, 468, 471 IPC, which were earlier mentioned in the FIR along with Section 409 IPC. He further submits that the very structure of the prosecution case gets shacked, as the FIR in the present case was lodged by complainant Daya Shankar, District Food Marketing Officer, who is responsible officer and the allegation levelled in the FIR were not found true by the Investigating Agency, as such, while filing the chargesheet, it was made clear that no offences under Sections 467, 468, 471 IPC is made out. The offences so levelled against accused applicant is triable by Magistrate. The accused applicant is in jail since 16.9.2009 and there is no criminal history of the applicant, as averred in paras 14 and 15 of the bail application, which is admitted by the State.
Considering the facts and circumstances of the case, I hereby direct that the applicant be released on bail in Case Crime No.331/08, under Sections 467, 468, 471, 409 IPC, P.S. Khandasa, District Faizabad, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 18.1.2010 A