Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51579 of 2019 Applicant :- Ramkishun Ram Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Kandarp Srivastava, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 57A of 2006 under sections 409, 419, 420, 467, 468, 471, 477A, 201, 218, 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station Rewati, District Ballia, during the pendency of investigation.
It is argued by the learned counsel for the applicant that the applicant was District Development Officer at the relevant time, whose services have alway been appreciated and has spotless career. He has retired on 30.09.2013 from t he post of District Development Officer, Basti. It is argued by the learned counsel for the applicant that in the year 2001 a scheme was launched by the Central Government in the name of Sampoorna Grameen Rozgar Yojna (SGRY) which remained operational from 2001 to 2005. In the year 2006 several first information reports were lodged against various officers including IAS and PCS Officers with the allegation that some amount was misappropriated of the said scheme.
From perusal of investigation report submitted by CBI, it is apparent that all the alleged 301 works were found executed on the spot. Cash and food grains have been distributed amongst the workers as per SGRY guidelines. The applicant had no involvement in the present case nor was found to have embezzled any amount. In department proceedings against the applicant, he was exonerated. He has no criminal history except two cases which have been mentioned in paragraph no. 32 of the accompanying affidavit regarding which he has given explanation. It was falsely alleged that he was involved in embezzlement of Rs.19.69 lacs in cash and food-grains worth Rs.12.07 lacs in collusion with other co-accused, who are 74 in number including the present accused.
Large number of co-accused have already been granted relief of being not arrested till the submission of police report under section 173 (2) Cr.P.C, passed by the Coordinate Benches of this Court in Crl. Misc. Writ Petition No. 26559 of 2018 on 24.09.2018, Crl. Misc. Writ Petition No.28111 of 2018 on 5.10.2018, Crl. Misc. Writ Petition No. 23994 of 2018 on 30.08.2018, Crl. Misc. Writ Petition No. 19713 of 2018 on 24.7.2018, copies of the orders are annexed from pages 35 to 40, hence he has claimed parity. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted aforesaid fact.
Looking to the fact that co-accused have already been granted bail and the case of the present applicant is at par with the case of the co-accused, without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Ramkishun Ram involved in Case Crime No. 57A of 2006 under sections 409, 419, 420, 467, 468, 471, 477A, 201, 218, 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station Rewati, District Ballia,, shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs.50,000/- with two 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 applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant 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;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously 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 observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is 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.
Order Date :- 28.11.2019 AU