Judgment S.L.Kochar, J. ( 1. ) This is an application for grant of anticipatory bail made under section 438 of the Cr. PC. By the applicant in connection with Cr. No. 80/ 2007 registered at PS. Raipuriya District Jhabua for the offence under section 420 of the Indian Penal Code. ( 2. ) It is alleged by the prosecution that in the year 1995 State Government made. a scheme for irrigation facilities to the agriculturists in village Piplipada. The. scheme is called "Samuhuik Udwahan Sinchai Yojana. Piplipada". According to this scheme, 50% amount was to be paid by the Government and 50% by the concerned agriculturist which was advanced as loan to the agriculturists by the Co-operative Bank. After completion of scheme, the concerned officials had submitted the completion report upto about 12 years there was no complaint. Now the concerned Co-operative Bank issued notices to the agriculturists for repayment of the loan amount which they refused to pay on the ground that they had not got any benefit of the scheme and as there was no fitting of pipe-line and electric motor. According to them, the whole scheme was only on paper and they were not given any benefit of the scheme. The agriculturists made a complaint to the Collector and as per the instructions of the Collector, Deputy Collector Shri P.S. Karma initiated the inquiry and submitted his report. According to his report, the concerned Government officials had not executed the scheme made for the development of 100 agriculturists of village Pipllipada Kundwa and Kodata. The total loan sanctioned to the beneficiaries was to the tune of Rs.30,17,000/-. In the inquiry report it is said that the then Sahavak Vistar Vikas Adhikari Kshetra Raipuriya (Jamli) named Omprakash Vikas Khand Petlawad got completed the cases of grant of loan and Block Development Officer recommended for 50% loan and 50% subsidy. Thereafter, the matter was sent to the Adim Jati Seva Sahakari Sanstha Marvadit, Jhaknawada. The bank sanctioned the amount in favour of the beneficiaries and required material for completion of the scheme was also sanctioned which was purchased from Shri Samta Enterprises, Proprietor Ajit Gadiya, Petlawad, the applicant. This agency was not approved by the Government and was also not a technical agency. The scheme failed, because the work was got done by the said agency. After detailed report, the Dy. This agency was not approved by the Government and was also not a technical agency. The scheme failed, because the work was got done by the said agency. After detailed report, the Dy. Collector Shri P.S. Karma, pointing out the reasons for failure of the scheme, namely (1) The irrigation scheme was not got done by a technical agency, (2) no drawing was prepared for the scheme/project, (3) no agreement was entered into by the concerned Government Department with them firm ,(4) The work commenced and loan sanctioned in rainy season, (5) illiterate and poor tribals were not guided properly from time to time, (6) in the block area regional Assistant Development and Extension Officer had not taken any inspection and also did not monitor the work, (7) Ineligible persons were chosen for giving the benefit of the scheme who were not having any agricultural lands and (8) from time to time instructions issued by the Government according to the scheme/project were not followed. Oh this report, the Collector, Jhabua, sent instruction to the Chief Executive Officer, Janpad Panchayat. against the present applicant and the then Sub- Engineer Shri S.A. Ansari directing for registration of criminal case against them. ( 3. ) Learned counsel for the applicant has submitted a bunch of documents along with the application. Copies of the same were supplied to the Government Advocate who in turn for verification of these documents to the Station House Officer Police Station Raipuriya District Jhabua and submitted the report. According to this report, all these documents are showing the supply of requisite material, pipes, wire,motor etc. in total about 25 bills and documents which were issued in the months of June and July, 1995 regarding supply of material by Samta Enterprises and all these bills and documents have been certified as genuine by the present Chief Executive Officer, Janpad Panchavat, Petlawad District Jhabua as well as Branch Manager of Zila Sahakari Kendriya Bank Marvadit Jhauba Brack Jhaknawada. All these bills and documents were issued in the name of Samuhik Udwahan Sinchai Yojana. Piplipada. Along with these documents, there are complaints of the then Chowkidar Dhanna, Babusingh and Babulal regarding keeping of electric motor, starter, cable and board with Babu Mehtab Banjara, Mukhiya village Piplipada. There is a complaint made by Babusingh Nayak dated 13.11.97 to the Station House Officer, P.S. Jhaknawada. Piplipada. Along with these documents, there are complaints of the then Chowkidar Dhanna, Babusingh and Babulal regarding keeping of electric motor, starter, cable and board with Babu Mehtab Banjara, Mukhiya village Piplipada. There is a complaint made by Babusingh Nayak dated 13.11.97 to the Station House Officer, P.S. Jhaknawada. The electric motor was taken by one Kaniram for irrigation in his field and he did not return the same. The beneficiaries had also lodged a complaint on 23.04.97 in regard to non supply of electricity because of which they were not able to get the benefit of the scheme of irrigation. Dhanna Chowkidar made a complaint that Banjaras of Piplipada were not allowing him to start motor/electric pump for irrigation. When ever in the night there was availability of electricity, he was starting electric irrigation motor, but one of the villagers Babu Mehta and other Banjaras were not allowing him to run the motor by which water was reaching in the well and Mahi River and the beneficiaries were not coming to take the benefit of the scheme, ( 4. ) Learned counsel for the applicant has vehemently submitted that the applicant asked to supply required material for which he submitted valid cash memos in the name of the Department and scheme. On inquiry, all these documents have been found to be correct and genuine by the present Chief Executive Officer Janpad Panchayat, Petlawad as well as the Branch Manager of Zila Shakari Kendriya Bank Maryadit Jhabua, Jhaknawada. The material was supplied by the applicant and he was paid for that. He has not committed any fraud or cheating with the Department. He was not the in charge or Government Official for execution of the scheme and looking after the success of the said scheme. He was not a registered contractor or Government contractor and he is not at fault. This was for the officials of the Department to see whether they could have placed the order for supply of the required material to his firm or not. If they had not chosen the registered agency with the Government, it is their fault and not the fault of the applicant. This was for the officials of the Department to see whether they could have placed the order for supply of the required material to his firm or not. If they had not chosen the registered agency with the Government, it is their fault and not the fault of the applicant. Therefore, according to the learned counsel, no case is made out against the applicant and as a matter of fact, the bank officials who had sanctioned the loan after verification, in-charge of the scheme concerned, Engineer, Block Development Officer and all the concerned officials of the Government who were required to commence the scheme would be responsible for that and the applicant is being made a scape-goat after 12 years when the beneficiaries did not deposit the loan amount with the bank. All the issues pointed out by the Deputy Collector Shri P.S. Karma on the second page of his report clearly throw the responsibility and liability lying with the Government and bank officials and the applicant is in no way responsible for failure of the scheme or illegal disbursement of loan amount to ineligible persons having no agricultural lands and supervising agency of the scheme. ( 5. ) On the other hand, learned State counsel has submitted that the matter is under investigation. At present, the case is registered only against two persons i.e. The applicant and Sub Engineer S.A. Ansari who is posted at present at Agar District Shajapur. ( 6. ) Having heard learned counsel for the parties and also perusing the entire case diary as well as verification report submitted by the learned State counsel Shri Chauhan, this Court is of the view that the Collector, Jhabua has not looked into the inquiry report submitted by the Deputy Collector Shri P.S. Karma in its proper perspective and superfluously ordered for taking criminal action against the applicant and Sub Engineer Ansari. No order was passed for taking action against the loan sanctioning authority, Block Development Officer, Assistant Block Development Officer, Executive Officer of Janpad Panchavat etc. who were responsible for launching the Government Scheme of irrigation and for success thereof. Now the matter is being inquired into after 12 years whereas the documents are showing that regular complaints were made by Chowkidar and concerned persons for not allowing them to work by the villagers, but no action was taken on all those complaints. who were responsible for launching the Government Scheme of irrigation and for success thereof. Now the matter is being inquired into after 12 years whereas the documents are showing that regular complaints were made by Chowkidar and concerned persons for not allowing them to work by the villagers, but no action was taken on all those complaints. The beneficiaries would also be responsible for commission of cheating and fraud if they had taken loan and had no agricultural land. The scheme was under the control and supervision of District Rural Development Agency. Learned counsel for the parties have submitted that the Collector is the head of this agency. ( 7. ) It would be apposite to mention here that the Central Government. State Government as well as several autonomous bodies and the Local Self Government are making several schemes for up-enlistment and socio- economical progress of down-trodden and poor persons especially for uneducated persons, agriculturists, scheduled caste and scheduled tribe community and backward class, but because of ineffective implementation of the scheme and corruption, the required persons- groups, communities are not getting appropriate benefit. India is a country whose economy is depending upon agriculture and lot of legislation as well as schemes and programmes are being made continuously after independence, but the agriculturists are not getting the required benefit and very negligible amount is reaching up to them because of inefficiency of executives as well as corruption- Thousands of agriculturists have committed suicide and the same is continued and the Government is taking the matter sincerely, but the problem lies for its effective and honest implementation. We can take this case as an illustration. Now after sixty years of independence we must take some sound and bold steps to eradicate all the problems, reasons and hinderences which are causing failure to the schemes and plans regarding agricultural, educational, health, transport/communication, roads etc. ( 8. ) In view of the aforementioned facts and circumstances of the case, in the considered opinion of this Court, the applicant deserves to be released on anticipatory bail. Therefore, his prayer is allowed. ( 8. ) In view of the aforementioned facts and circumstances of the case, in the considered opinion of this Court, the applicant deserves to be released on anticipatory bail. Therefore, his prayer is allowed. The applicant, in the event of his arrest, is directed to be released on his furnishing a bail bond in a sum of Rs.25,000/- (Twenty five thousand) with one surety in the equal sum to the satisfaction of the arresting officer for his appearance before the Investigating Agency as and when he is called on during the coursed of investigation and to cooperate in investigation and subject to the conditions enumerated in section 43 8(2) of the Cr. PC. ( 9. ) Let a copy of this order be sent to (1) The Chief Minister, Government of M.P. Vallabh Bhawan, Bhopal (2) Minister, Agriculture, Government of M.P. Vallabh Bhawan, Bhopal, (3) Minisater, Irrigation, Vallabh Bhawan Bhopal (4) D.G.P. (Police Head Quarters, Bhopal and Collector, Jhabua for information, perusal, and taking appropriate steps in the matter. Certified copy of this order be supplied to the applicant on usual charges as per rules. Order accordingly. RAHUL