Order on Board

03/09/2021 Heard.

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to applicant, who has been arrested in connection with Crime No.25/2021, registered at Police Station -Pachpedi, Bilaspur, (C.G.), for commission of offence punishable under Sections 420, 120-B/34 of the Indian Penal Code.

2. Case of the prosecution is that Ittwari Ram Khunte, Secretary of Village Panchayat, Kokdi when went to Axis Bank, branch Jairam Nagar for updating pass book of Village Panchayat at that time, he came to know that amount of Rs.6,95,000/- has been illegally withdrawn from bank account of Village Panchayat. Upon complaint made by the Secretary, preliminarily inquiry was conducted by Deputy Director, Jila Panchayat, Bilaspur and found that Sarpanch along-with other co-accused persons by misusing digital signature of Secretary of village panchayat, have illegally withdrawn amount of Rs.7,29,500/- by transferring the amount from account of village Panchayat to account of M/s. Gayatri Trader, Champa of which applicant is a proprietor. Based upon preliminarily enquiry, FIR was registered against applicant, officials of panchayat Department, Sarpanch of Village Panchayat and Ram Narayan Suryavanshi (Ex. Secretary of village panchayat -Bhardadih).

3. Learned counsel for the applicant submits that applicant is engaged in business of materials supplier. In the month of November, 2019, he has supplied several articles as well as materials for civil construction work on different dates on credit to Village Panchayat. Amount deposited in his account through Online from account of village panchayat is towards payment of bills credited in account of village panchyat, kokdi. Applicant has not committed any offence as alleged against him. Report submitted by Investigation Officer that no civil construction work has been done in village panchayat, Kokdi is not correct as there are other five dependant villages of village panchayat Kokdi, where Panchyat has done civil construction work under the Chief Minister Gramin Vikas Yozna and constructed CC road for which, applicant has filed documents alongwith covering memo. He further submits that main allegation is with regard to deleting of data from computer of Janpad Panchayat after transaction of transfer of amount of Rs.7,29,500/- for which only elected members or officials of Janpad Panchayat can be held liable and not applicant. Applicant is having business of about Rs.41,65,000/- in a financial year ie of 2019-20, which is evident from documents submitted by applicant. Applicant has also filed some receipts of the supply of material. Looking to early turnover of applicant, transfer of money of Rs.7,29,500/- cannot be said to be suspicious transaction. Hence, applicant may be enlarged on anticipatory bail.

4. Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that applicant in-connivance of other accused persons have committed the offences as alleged against him. There is involvement of applicant as he has permitted the amount illegally withdrawn to be transfered and deposited in his account and thereafter, handed over cash amount to co-accused persons. After registration of FIR applicant himself has written a letter to the concerned Police Station mentioning therein that there was outstanding amount of Rs.2,98,000/- against Panchayat in his account books but on transfer of Rs.7,29,500/-, balance amount was returned to the Sarpanch. He further submits that commission of offence came to know to Secretary only when he visited the Bank for updating pass book of village panchayat that after forging/misusing digital signature amount was transferred. Complainant has stated that as per his knowledge there was no civil construction work for making payment to materials supplier. Similarly the fact of no construction work done by Sarpanch or Village Panchayat has also come in enquiry conducte