Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51255 of 2019 Applicant :- Phool Chand And 5 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Bahadur Singh,Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajendra Singh, learned counsel for the applicants and in opposition Sri Amit Kumar Singh, learned A.G.A. for the State and perused the record.
This anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Code') has been moved on behalf of the applicants, seeking bail in Case Crime No. 161 of 2017 under Sections 419, 420, 467, 468, 471, 120B/34 I.P.C.
and Section 13(2) of Prevention of Corruption, Act, Police Station - Chakiya, District - Chandauli, during the pendency of trial.
It is argued by learned counsel for the applicants that the offence is said to have been committed in the year 2007 when the F.I.R. is said to have been lodged, but no copy of the same was sent to the Magistrate concerned under Section 167 of Code. No notice was ever given to the applicants under Section 41 of Code to summon them to record their statements. The statements which were being stated to have been recorded by the investigating agency are all written on their own and they are not in accordance with law. It is further argued that main allegation against the applicants is that the money of National Rural Employment Scheme is said to have been embezzled to the tune of Rs. 13,43,800/- by the accused-applicants, alleging that the labourers who were supposed to be engaged for the said work were not engaged and the said work was got done through machine. It is further argued that how was it possible that the entire amount of Rs. 13,43,800/- which is stated to have been drawn, would be embezzled by the applicants without making payment to the person who owned the machine. The applicants have been falsely implicated by one Lalli Ram, who was the then BSP MLA, who was having animosity towards the applicant and has made false complaint against the applicants, which led to filing of this F.I.R. and till now, even investigation has not been completed since 2007. Therefore, the applicants, who are being threatened to be arrested at any moment, should be granted anticipatory bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail to the accused-applicants and pointed out that the statement of all the accused-applicants have been recorded by the investigating agency. He has drawn attention towards Page No. 55 of the Paper Book, which is a report submitted by the Inspector, Economic Offences, wherein it is found that thumb impression of only three labourers were found to have been made, while the amount was said to have been paid to 34 labourers under those three thumb impressions and that the total amount (Rs. 13,43,800/-) which was sanctioned for the work has been embezzled by the applicant.
Looking to the fact that the matter is very old (of the year 2007) and till date, the proceedings are still continuing and not very strong piece of evidence is there on record, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants - Phool Chand, Smt. Manjila Devi, Lalji Ram, Rajeshwar Prasad, Anjani Kumar Sonker and Shambhu Nath Yadav involved in Case Crime No. 161 of 2017 under Sections 419, 420, 467, 468, 471, 120B/34 I.P.C. and Section 13(2) of Prevention of Corruption, Act, Police Station - Chakiya, District - Chandauli, they shall be released on anticipatory bail till the submission of police report, if any, under section 173(2) of Code before the competent Court on their furnishing a personal bond of Rs. 50,000/- and two reliable sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :-
(i) The applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case expeditiously, strictly in accordance with law, preferably within a period of three months from the date of production of a certified copy of this order independently, without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Application stands allowed.
Order Date :- 26.11.2019 I. Batabyal