Court No. - 87

Case :- CRIMINAL MISC ANTICIPATORY BAIL

APPLICATION U/S 438 CR.P.C. No. - 1193 of 2022

Applicant :- Daya Ram

Opposite Party :- State of U.P.

Counsel for Applicant :- Murli Dhar Mishra,Rekha

Jaiswal

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicant, learned AGA

for the State and perused the record.

2. The present application under Section 438 Cr.P.C. has

been filed by the applicant seeking bail in anticipation of

his arrest in Case Crime No.135 of 2003, under Sections

193, 197, 201, 409, 210, 120B IPC and Section 13(1)(c)

(d), 13(2) of Prevention of Corruption Act, 1988, Police

Station- Nagra, District Ballia.

3. It is alleged that from year 1991-92 to 1995-96, several

amounts were sanctioned for development works by

several government agencies i.e. Jawahar Rojgar

Yojna/Intenmet File Jawahar Rojgar Yojna and Nalkoop

Yojna etc. It is alleged that in the financial year of 1995-

96, some works which were alleged carried out for laying

the Kachcha road from Gotwa to Sapla via Tilkari, several

financial irregularities were committed by the accused-

applicant and another co-accused persons. For the

aforesaid work, provision of financial hand books were not

adhered to and in a criminal conspiracy without having

been executed any work for Kachcha road which was not

even sanctioned, Rs.7,20,000/- was withdrawn and the

cheque of the said withdrawal was issued by the said

accused-applicant.

4. Sri Murli Dhar Mishra, learned counsel for the accused-

applicant submits that the applicant was posted for six

month only when the work was started long back and he

issued the cheque under the direction of his superior

authority. He further submits that offence is of the year

1995-96 but the FIR came to be registered on 18th

August, 2003 and charge sheet has been filed in the year

2021. The accused applicant is 65 years old and a retired

man, who is suffering from various ailments. The

accused-applicant may be enlarged on anticipatory bail.

5. On the other hand, Sri C.D. Gaur, learned Additional

Government Advocate has submitted that involvement of

the accused- applicant in misappropriation of the

government fund is writ large, inasmuch as, he issued the

cheque for amount of Rs.7,20,000/-. Considering the

serious nature of the offence regarding misappropriation

of government fund and allegation contained in the FIR,

he is not entitled to be enlarged on bail.

6. I have considered the submission of the learned

counsel for the parties and perused the record.

7. It is not in dispute that it is the accused-applicant, who

issued the cheque for withdrawal of Rs.7,20,000/- for the

work which was allegedly not sanctioned and not carried

out. Whether the question accused-applicant issued the

cheque under the direction of higher authority is to be

decided during the trial but at the time of considering the

anticipatory bail, it cannot be said that the accused-

applicant has been falsely implicated.

8. In view of the above, I do not find that it is a fit case to

enlarge the applicant on anticipatory bail. Therefore, the

present application under section 438 Cr.P.C is rejected.

9. However, the applicant is granted ten days' time from

today to surrender before the trial court and apply for

regular bail. In case, the applicant surrenders and applies

for bail within the aforesaid period, his bail application

shall be considered expeditiously and in accordance with

law, without being prejudiced by any observations made

hereinabove regarding merit of the case.

Order Date :- 13.1.2023

A.Kr.

Digitally signed by :-

AJAY KUMAR

High Court of Judicature at Allahabad

Digitally signed by :-

AJAY KUMAR

High Court of Judicature at Allahabad