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2020 DIGILAW 98 (ALL)

Ram Murti Ram @ Ram Murti v. State of U. P.

2020-01-09

DINESH KUMAR SINGH I

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JUDGMENT : 1. Heard Sri Kaustubh 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. 2. This Bail application has been moved seeking bail in Case Crime No. 18 of 2006 under sections 409, 419, 420, 466, 468, 471, 201, 218 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station Dokahi (Dokati), District Ballia, during the pendency of investigation. 3. 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) of which present applicant was posted as Chief Development Officer at the relevant point of time. 4. As per F.I.R., it is alleged against him that between 2002-03, an amount of Rs. 9,90,680/-and the food-grains worth Rs. 10,45,500/-, which were to be paid to the beneficiaries were misappropriated by applicant along with 81 other person. It is argued by learned counsel for the applicant that general allegations had been made against him though there is no specific amount attributed to him which is stated to have been personally misappropriated by him. He remained posted at Ballia from 2001 to 2008. Pertaining to the said scheme, several F.I.Rs. were lodged against several I.A.S. and P.C.S. Officers who were posted during that time. 5. It is further argued by the learned counsel for the applicant that the applicant was Chief Development Officer, who had not been assigned any specific role in commission of this offence. Co-accused, Ravi Kumar, Shivji Ram, Rajkeshwar Lal and some others have been granted stay against arrest till submission of police report u/s 173(2) in Crl. Misc. Writ Petition Nos. 29395 of 2018, 27177 of 2017 and 22160 of 2018 vide order dated 12.10.2018, 7.12.2017 and 14.08.2018 respectively, copies of which have been annexed from page nos. 35A to 40 of the paper book, hence he has claimed parity. In case the applicant is released on bail he will not misuse the liberty of bail. 6. Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted aforesaid fact. 7. 35A to 40 of the paper book, hence he has claimed parity. In case the applicant is released on bail he will not misuse the liberty of bail. 6. Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted aforesaid fact. 7. Looking to the fact that co-accused have already been granted relief of not being arrested till submission of police report u/s 173(2) 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. 8. In the event of arrest of the applicant Ram Murti Ram @ Ram Murti involved in the aforesaid case, he 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. 9. 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. 10. 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. 11. 11. 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.