second anticipatory bail application has been preferred by the applicant totally on the new legal grounds, which were not raised at the time of consideration of the first anticipatory bail application. In support of his submissions, he further argued that the matter relates to selection of Class III employees in Zila Panchayat, Kaushambi in the year 2004-05. At that relevant point of time, the applicant had been a member of Zila Panchayat, Kaushambi and she being scheduled caste was also one of the member of the Selection Committee but as per the enquiry report of the State Government itself, the applicant did not sign on merit list. So far as issue of increasing the number of vacancies is concerned, he further pointed out that in the advertisement dated 17.11.2004 which was published in Dainik Jagran newspaper, it was mentioned that the vacancies may decrease or increase, which is also the sole domain of the Chairman of the Selection Committee and for the said allegation, the applicant cannot be made liable. Much emphasis has been given by contending that in the present case, first information report with regard to said selection of the year 2004-05 has been registered after an inordinate delay of 15 years on 14.11.2019, under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and Section 120B IPC, in which after culmination of investigation, charge-sheet was illegally submitted against the applicant on 13.11.2020 under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and Section 120B IPC, whereas on the day of registration of the above mentioned first information report, Section 13(1)(d) of the Prevention of Corruption Act was already repealed w.e.f. 26.07.2018. Lastly, he submits that the applicant has been made scapegoat without any fault of her. The applicant has no criminal history to her credit. Under the facts of the case the applicant has apprehension of imminent arrest. Lastly, it is submitted that in case, applicant is granted anticipatory bail, she would not misuse the liberty and will co-operate with the trial.
