M. DIVYA PRASAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying to grant transit anticipatory bail in favour of the petitioners in the event of their arrest in respect of Crime No.116/2022 registered by Sector-14 Police Station, Panchakula, for the offence punishable under Ss. 120-B, 406, 420, 467, 468 and 471 of IPC.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

(3.) The factual matrix of the case of the prosecution is that, based on the complaint dtd. 8/2/2022, a case has been registered against the petitioner Nos.1 and 2 and also against other accused persons and the complainant in the complaint made an allegation that these petitioners along with other accused persons indulged in committing the offence of criminal breach of trust and also fabrication of document and misused the funds granted under Deen Dayal Upadhyaya Grameena Kaushalya Yojna. The complainant issued a memo dtd. 24/11/2021 to all the Project Implementing Agencies (PIAs) including the accused No.1 regarding opening Zero Balance subsidiary Account and transfer of balance amount to the SNA (State Nodal Account) under the new procedure of release of funds for CSS by MORD, Gol. It is also stated that various remainders were sent along with various follow-ups made to the accused to comply with the guidelines of MORD, including reminders through letters and mail and it was strictly directed to all PIAs including accused No.1. The accused No.1 had only indulged in opening his bank account as per letter and refunded only an amount of Rs.50,80,356.00 out of total amount of Rs.2,08,74,950.00.