The applicant namely Smt. Raj Kala apprehends her arrest in connection with FIR No.282 of 2020, under Sections 420 & 409 IPC, P.S. Itiyathok, District Gonda.
This is the second anticipatory bail application on behalf of the applicant. The first application was rejected vide order dated 22.02.2021 passed by a coordinate Bench of this Court in Bail No.7227 of 2020 (Smt. Raj Kala v. State of U.P. & Anr.).
The allegation in the FIR is that the applicant in connivance with other accused has withdrawn much more money for the work in the Gram Pachayat than the actual work done. It also appears that the Lokayukta of the State of Uttar Pradesh in his preliminary inquiry has found allegation true to some extent.
Learned counsel for the applicant has submitted that the first anticipatory bail application of the present applicant was rejected vide order dated 22.02.2021 on the statement of complainant that charge-sheet in the instant case has been submitted in Court on 20.02.2021. However, no charge-sheet was submitted in the Court at the time of rejection of first bail application.
On a specific query of the Court, learned Additional Government Advocate has submitted that now the charge-sheet has been filed, to which the petitioner's counsel has submitted that charge-sheet has not been submitted in the Court. The same is pending before Circle Officer, and there is a chance of the same remitting back to the investigating officer for fresh investigation.
I have heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
Perusal of order dated 22.02.2021 (supra) vide which the first anticipatory bail application of the present applicant was rejected reveals that the earlier bail application was rejected on the ground that investigating agency has found evidence against the applicant and other accused. But even if the petitioner counsel's statement is considered true that at the time of rejection of first bail application, the charge-sheet was not filed, the instant second anticipatory bail application cannot be allowed because it is an admitted fact that investigation has already been completed by the investigating officer. Charge-sheet has already been sent for submission in the Court concerned. Meaning thereby, credible evidence has been found against the applicant.
In view of the above, I do not find any new ground for considering the instant second anticipatory bail application. It is accordingly rejected.
Order Date :- 5.4.2021 nishant/-