SACHCHIDANAND DUBEY Vs. CBI ACB GHAZIABAD

JUDGEMENT

(1.) HEARD the learned Senior Counsel Sri V.P. Srivastava assisted by Sri Vijay Shanker Mishra and Sri Rahul Mishra, Advocate for the applicant, the learned counsel for the C.B.I. Sri Anurag Khanna who have taken through the record.

(2.) THE instant bail application has been moved by Sachchidanand Dubey with a prayer to release him on bail in R.C. No.1202011A0004, under Section 120 -B read with Sections 409 and 420 I.P.C. and under Section 13 (2) read with Section 13 (1) (d) Prevention of Corruption Act, 1988, police station CBI, ACB, Kotwali, district Ghaziabad.

(3.) IT is submitted by the learned counsel for the applicant that the first information report was lodged by one Sanjay Mishra, Supply Inspector, Food Department, Mainpuri against the five accused persons, namely, Raghuveer Singh the then Basic Shiksha Adhikari, Mainpuri, Krishna Dev, the present Basic Shiksha Adhikari, Mainpuri, Vishnu Dayal, Clerk, Prashant Mishra, District Coordinator and Vivek Sudarshan, Secretary of N.G.O. on 24.4.2011 registered as case Crime No. 900 of 2011, under sections 420 and 120 -B I.P.C. and under Section 3 (7) Essential Commodities Act. The applicant was not named in the first information report. Vivek Sudharshan one of the accused in the aforesaid case challenged the recovery proceeding before this court and in the said writ petition a direction was issued to the Director of Central Bureau of Investigation to conduct a preliminary enquiry. The aforesaid case was transferred to Central Bureau of Investigation who lodged a report on 18.8.2011 as R.C. 1202011A0004, under Sections 420 and 120 -B I.P.C. read with Section 13 (2) and Section 13 (1) (d) Prevention of Corruption Act, 1988 (hereinafter to as the 'Act) at police station C.B.I. A.C.B., district Ghaziabad wherein the name of the applicant was also included besides nine other persons in respect of their involvement. The scheme of mid day meal was started by the Government of U.P. in 16 districts on 25.6.2004. In pursuance of the government order dated 8.9.2004, mid day meal scheme in district Mainpuri started since October 2004, which was initially launched through local body like Gram Panchayat, School Headmaster in rural area and in urban area through Parishad, Sabhasad and the concerned school. The Central government through Food Corporation of India provided food grains for mid day meal scheme to the concerned district authorities for serving mid day meal to the school children free of cost. NGO M/s. Search (Society for Science and Environment Awareness Research communication and Heritage run by Sri Vivek Sudershan who was its Secretary was awarded work for serving mid day meal from the District Magistrate, Mainpuri. The applicant who was posted as District Magistrate, Mainpuri during the period 18.6.2009 till 7.2.2011 when the scheme was in operation in only six blocks, the applicant had extended the area of operation of M/s Search from six blocks to the entire district, which was consisting of nine blocks. For an effective and proper implementation of the mid day meal scheme during his tenure and being a Nodel Officer the applicant made a task force of Chief Development Officer, Basic Shiksha Adhikari and other Magistrate and the work of distribution was assigned to the Basic Shiksha Adhikari who commenced the functioning of the primary school and after completion of the work on the basis of report as the power to make payment vested in the applicant who used to make the payment. The entire allegations made in the first information report with regard to misappropriation of funds by the applicant in connivance with other persons as alleged in the first information report is absolutely false and concocted. The charge sheet has been submitted in a pedantic manner and no summons whatsoever was even served upon him, which were issued on various dates and the court below proceeded to issue warrant by order dated 12.6.2014 and when the police visited his house on 28.6.2014 he came to know about the issuance of summons and warrant and thereafter he was arrested on 19.7.2014. The applicant has already been retired from his service. There is no direct or indirect evidence that he has received any bribe for any payment or that he was in collusion with M/s Search for misappropriation of the government funds. The applicant is facing detention since 20.7.2014. There is no chance of his abscondance during trial as he is receiving pension from the State exchequer. He undertakes to appear on each and every date and cooperate with the trial. The court below has illegally rejected the bail application of the applicant while one co -accused Dinesh Chand Shukla who was the predecessor of the applicant as District Magistrate, Mainpuri has already been granted bail by another Bench of this court, hence the applicant also deserves to be enlarged on bail.