The Court rejected an anticipatory bail application filed by Gram Pradhan and Secretaries accused of misappropriating public funds for toilet construction under Section 409 IPC, finding the offence serious and no grounds for bail.
Anticipatory bail application rejected. Regular bail application may be filed before the appropriate forum.
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Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10863 of 2021
Applicant :- Smt. Surmila And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh,Ajay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicants in Case Crime No.49 of 2021, under section 409 I.P.C., P.S. Birno, District Ghazipur.
The FIR version is that the accused persons are Gram Pradhan and Secretaries and when public fund was given for construction of toilet, the same was not completed or quality thereof was not up to the market and thereby on inquiry when these facts were relevant. The FIR was directed to be registered for criminal misappropriation of more than Rs. 80 lacs.
Submission of the learned counsel for the applicants is that the applicants have been falsely implicated in this case. It was simply an agreement between both sides and if that agreement not completed is become only as a breach of contract and no offence can be made out on facts. It is further submitted that applicants have no criminal history and applicants are prepared to furnish sureties and bonds, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayer of bail and has submitted that being public servant the public fund was taken and the same was misappropriated by the committing illegality and not completing whole work and by obtaining amount.
Considering the submissions of both the sides. Moreover, Rs. 18 lacs have been misappropriated from the public fund which was given to the applicants for construction of toilet. On inquiry this fact was established whereupon the FIR was lodged. The offence under Section 409 IPC is a serious offence, therefore, I do not find any ground for giving benefit of anticipatory bail,
hence the anticipatory bail application filed by the applicants are rejected.
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 6.8.2021 Mini
1 issue framed by the court
Whether the applicants, alleged public servants accused of misappropriating public funds, are entitled to anticipatory bail for the offence punishable under Section 409 IPC.
2 provisions across 2 enactments
Smt. Surmila and 2 Others
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
