Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17388 of 2019 Applicant :- Nasir Mehdi Zaidi Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Syed Riyaz Askari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Nasir Mehdi Zaidi has prayed to release him on bail in Case Crime No. 190 of 2018, u/s 420, 467, 468, 471, 409 I.P.C., P.S. Garahiyarangeen, District Saharanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in this case crime number, which was got registered u/s 420, 467, 468, 471, 409 I.P.C. at P.S. Garahiyarangeen, District Saharanpur, upon report of Rajeshwar Singh against concerned departmental officers and officials and concerned responsible persons with this accusation that the names written in the report were found to be non-widow drawing pension under widow pension scheme, whereas three ladies at Sl. Nos. 25, 28 and 39 were dead but pensions were being drawn in their accounts and these sanctions and withdrawal of pension were against the Government Order, thereby a huge amount of public money has been syphoned. Hence action was to be taken. Accused- applicant is Urdu Translator posted in the office of District Probation Officer. As per concerned Government Order regarding disbursement of pension to widow and disabled persons, the job of sanction and monitoring of pension was of the officers written in the G.O. No. 1139/26-2-09-100(21)/2008 dated 15.4.2009 and in no case this may be abridged by any officer of District Probation Department. Salik Ram, who was an employee in the office of District Social Welfare Officer, has been given relief by a Division Bench of this Court in Criminal Misc. Writ Petition No. 3940 of 2019 vide order dated 13.3.2019, whereas the present applicant being a government servant, having no likelihood of fleeing from course of justice or tempering with the evidence is languishing in jail since long. He is not concerned with the preparation of list for payment of pension to widow and disable person. Hence bail has been prayed for.
Learned AGA has opposed the bail application with this contention that the present accused-applicant was the person, who was dealing at the seat of concerned employee regarding disbursement of pension to widows and disabled persons and this list was prepared under his period and with his connivance, thereby a huge amount of public money has been syphoned, therefore, he is not entitled for bail.
The main argument of learned counsel for the applicant is that the applicant was an employee in the office of District Probation Officer and not in the office of District Social Welfare Officer. The report itself reveals that the Sub Divisional Officer/ Deputy Collector has written to the District Magistrate in exercise of his powers of District Probation Officer that the work of preparation of list for payment of pension to widows and disabled persons were dealt by the present accused- applicant. The Deputy Collector can never be a District Probation Officer because both are different departments but the work of District Probation Officer was assigned to him and in the same way the employees of the office of District Probation Officer were assigned the work for preparation of the list and the present accused-applicant was assigned the work to deal with above seat. The same is on the record. The report, after investigation by Deputy Collector, was submitted to the District Magistrate, which is of this fact that this job of dealing with disbursement of pension to widows and disabled persons under the above Scheme was dealt with by the present accused- applicant and he, while dealing at above seat, was responsible for above illegal disbursement of pension to non-widows and dead persons. So far as relief granted to the writ petitioner Salik Ram is concerned, the same has yet not been finally decided by the Division Bench. Rather Salik Ram was not the person dealing with the above seat, as per report of the Deputy Collector and this work was dealt with by the present applicant.
Under all above facts and circumstances, likelihood of fleeing from course of justice and tempering with the evidence, further committing such type of tempering and looking into the gravity of the offence and severity of the punishment in case of conviction, this court does not find any ground till this juncture to enlarge the applicant on bail.
Accordingly, the bail application is rejected.
Order Date :- 25.4.2019 Pcl