SATYANARAYAN AGHARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants have preferred these bail applications for grant of bail as they are arrested in connection with Crime Nos.2512016 and 2552016 registered at Police Station City Kotwali, District Raigarh for offences under Sections 409, 42034 and 120B of the IPC and Sections 13 (1)(d) and 13 (2) of the Prevention of Corruption Act, 1988.

(2.) Applicant Satyanarayan Aghariya was working as Assistant Engineer whereas applicant Pramod Kumar Jogi was working as Fireman GradeIIAssistant Clerk in the Municipal Corporation, Raigarh at the relevant time. Satyanarayan Aghariya was part of tender committee which evaluated the tender papers received by the Corporation for purchase of Chlorine balls and containers (dustbin) in these two cases. There are other crime numbers pertaining to purchase of Fencing Pole and Barbed Wire. The applicants have allegedly defalcatedembezzled an amount of Rs.20.59 lakhs approximately (in container matter) in Crime No.2552016 and Rs.18.85 lakhs approximately (in Chlorine ball matter) in Crime No.2512016. Applicant Satyanarayan Aghariya is in jail since 23.5.2017 and applicant Pramod Kumar Jogi is in jail since 13.7.2017.

(3.) It is argued that the main culprit is the Commissioner, Municipal Corporation, Raigarh, however, he has been released on anticipatory bail in 5 out of 7 crime numbers. In these two crime numbers, the Commissioner, Municipal Corporation has not been allowed anticipatory bail but has not surrendered also.