The court emphasized the need for concrete facts to support apprehension of arrest in deciding anticipatory bail applications.

JUDGMENT :

1. Heard Ms. Chhaya Gupta, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned A.G.A. for the State.

2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0646 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Sadar Bazar, District Shahjahanpur, with a prayer to enlarge him on anticipatory bail.

Brief facts

3. FIR of the present case was lodged against applicant and eight others on 19.09.2023 and according to the FIR, applicant was District Social Welfare Officer, Shahjahanpur and he with the help of his four private computer operators misappropriated the public money of Rs.2 crores 52 lacs 39 thousand with the help of touts and mediators by changing bank accounts of old age pensioners.

Submissions advanced on behalf of applicant

4. Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant never misappropriated any money. She further submitted that applicant was transferred to Shahjahanpur in the month of December, 2021 and on the direction of Director Social Welfare Officers, Lucknow, U.P., the work was given to all the Social Welfare Officers to link the old age pensioners' registration with Aadhar for authentication and when applicant being District Social Welfare Officer started to link old age pensioners' registration with Aadhar then he found certain irregularities and on 21.02.2023, he himself informed in writing about irregularities to the Branch Manager, Baroda U.P. Bank, Karkor, Jayantipur, Shahjahanpur and requested to stop the withdrawal of the amount from these accounts of old age pensioners and thereafter on the basis of a news item published in a news paper with regard to irregularities in the account of old age pensioners, District Magistrate constituted a five members committee to enquire the matter and after enquiry committee found that out of 21 old age pensioners' account only accounts of 9 old age pensioners were changed and on the basis of the report of five members committee, applicant was suspended from his service on 06.04.2023.

5. She further submitted that a subsequent enquiry was also conducted by three members committee on the letter issued by one of the Member of Legislative Assembly and during enquiry, the three members committee found that there was a misappropriation of Rs. 2 crores 52 lacs 39 thousands and on the basis of report of three members committee dated 24.05.2023, the FIR of the present case was lodged against the applicant and others.

6. She further submitted that as earlier five members committee found irregularities with regard to only nine accounts of old age pensioners, therefore, the subsequent committee report dated 24.05.2023 does not appear to be correct one. She further submitted that applicant never misused his position and he was the person, who pointed out the irregularities in accounts and also requested to stop the payments from these accounts. She further submits, however, due to pressure of work applicant had to appoint two private computer operators but merely on this basis, it cannot be said that he siphoned off the public money of more than Rs. 2.5 crores with their help.

7. She further submitted that applicant was appointed in the year 1998 and till date, his service record was clean and no complaint was ever lodged against him. She further submitted that applicant is a responsible public servant and he is ready to cooperate with the investigation and if investigation is conducted properly then applicant is hopeful that no charge sheet can be filed against him as he did not commit any offence.

8. She further submitted that investigation of the case is still pending and police is trying to arrest the applicant. She further submitted that there is no need of the arrest of the applicant. She further submitted that if there is no need of the arrest of an accused then in spite of the fact that Investig