Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19745 of 2021 Applicant :- Shesha Devi Opposite Party :- State of U.P.
Counsel for Applicant :- Laxmi Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.02 of 2021, under sections 409 I.P.C., Police Station Madihan, District- Mirzapur, during the pendency of investigation.
Facts in brief are that applicant Shesha Devi is treasurer in Shakti Mahila Gram Sangthan in favour of which Rs.10,84,478/- were granted by the Government and credited into the account of Shakti Mahila Gram Sangthan operated by her which was withdrawn wrongfully by the applicant by issuing cheques in favour of her husband. F.I.R. in this regard was lodged by Surya Narain Pandey, A.D.O.
It is submitted that applicant is innocent and has been falsely implicated in this case. She has not committed offence of embezzlement. Informant has lodged F.I.R. against the applicant and one other co-accused alleging that Rs.10,84,478/- were credited in the account of the Shakti Mahila Gram Sangthan for the purpose of development of poor persons. Out of which Rs.7,99,479 were debited through cheque to several persons and remaining amount of Rs.2,74,478/- is remaining in the account of said organization but the authority concerned without taking into account this fact lodged first information report against the applicant. There was no any embezzlement committed by the applicant nor any mala fide intention was there in drawing the said amount. The entire amount handed over through cheques after being passed as per the regulation in presence of entire members of the authority concerned, therefore, applicant did not commit misappropriation of public money. There is imminent apprehension of arrest by the police of the applicant, therefore, requested for anticipatory bail.
Learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case money was credited into the account of Shakti Mahila Gram Sangthan organization in which applicant was treasurer and she issued cheques in favour of her husband Sanjay Kumar and thereafter money was withdrawn. In departmental enquiry, it was found that amount credited in account of Shakti Mahila Gram Sangthan was misappropriated by the applicant which was provided for upliftment of poor ladies by the Government, therefore, applicant is not entitled for grant of anticipatory bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence and without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case for anticipatory bail.
Accordingly, the anticipatory bail application is, hereby,
rejected.
Order Date :- 22.12.2021 Ashok Gupta