NARESH LAL SHRIVASTAVA Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard. The applicants have filed these applications under Section 438 of the Code of Criminal Procedure, 1973 (in short 'the Code') for grant of anticipatory bail, apprehending arrest in Crime No. 216/2012 registered at Police Station Lalbag, District Rajnandgaon (C.G.) for the offence punishable under Sections 409, 420, 467, 468 & 471 of IPC.

(2.) The case of the prosecution is that one Yadavram Dewangan, who was working as Sankul Shikshik Samanvayak, used to submit cheques along with the lists of beneficiary institutions for transfer of funds in the respective institutions under Mid Day Meal Scheme. It is alleged that while submitting those lists, the names of beneficiaries were interpolated with the result that on several occasions, the funds were transferred to those Institutions to which, it was not ordered to be transferred by the Block Education Officer. The allegations against the applicants are that applicants namely Naresh Lal Shrivastava, Bhagwat Singh Baghel, Dariyav Dongre and Pradeep Singh Thakur, were posted as Branch Managers of concerned Bank at different point of time from 2003 to 2012. Applicant-Surendra Kumar Sharma was posted and working as Clerk-cum-Cashier in the said Bank. According to the prosecution, the interpolated list of beneficiary institutions along with cheque used to be submitted by Yadavram Dewangan and the applicants knowing fully well that it was an interpolated list, used to transfer the fund in the name of those institutions, which were not entitled to receive the funds. In this manner, the applicants are also involved in commission of offence.

(3.) Learned counsel for the respective applicants argued that the applicants are being falsely implicated as a measure of harassment. Learned counsel further submitted that initially the offence was registered against Yadavram Dewangan only and the matter was thoroughly investigated by the Police. All the applicants also appeared as prosecution witnesses during the course of investigation by the Police and their case diary statements were recorded. After completion of investigation, the charge sheet has already been filed in the Court, in which, all the applicants have been cited as prosecution witnesses. He submits that now the applicants are apprehending their arrest as they have come to know that the police is proceeding to implead them also as accused, since the applicants were working in the Bank in various capacities during the relevant time. Learned counsel for the applicants further argued that there is no specific material collected by the Police during thorough investigation at earlier point of time, which would even remotely indicate involvement of the applicants in the commission of offence by Yadav Ram Dewangan. It is submitted that the applicants had earlier been examined by the I.O. of the case and therefore, the applicants need not be arrested at this stage as they will fully cooperate in the investigation and also in any further investigation.