YOGENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R. C. Yadav and Sri Rajiv Singh learned Counsel for the applicant and the learned A. G. A.

(2.) THE applicant has applied for bail in Case Crime No. 19 of 2005 under Sections 409, 420, 467, 468, 471 and 109, I. P. C. and Section 13 (1) (d) of the Prevention of Corruption Act P. S. Kotwali Dehat, District Gonda.

(3.) IN the present case, a complaint was lodged by the State Irrigation Minister on 27-10-2004 in respect of the misuse of the scheme and for misappropriation of the money by the applicant and other co- accused persons and indicating some other irregularities also. That complaint was handed over to the Economic Offences Wing for doing the proper inquiry. The Economic Offences Wing inquired into the matter by a team of efficient police officers under the supervision of Superintendent of Police, Kanpur Sector and during the inquiry, the aforesaid team made physical spot inspection and collected material and thereafter came to the conclusion that under the Chhetra Panchayat Jhanjhari, one connected road known as Chandwakpur Road via Pure Vidayee, having a distance of 2 Kms. was to be constructed in the year 2002-2003 for which Rs. 2. 90 lacs were sanctioned and 258. 60 qtls of wheat grain were given to one Ram Sawal Yadav, a dealer of fair price shop, for the purpose of distribution in accordance with the guide-lines of the scheme. The applicant was Junior Engineer of the R. E. S. Department, posted at Block Jhanjhari. During the inquiry, it was found that the aforesaid road was not constructed and one R. C. C. Puliya was also not constructed but the applicant has shown on papers that road and the Puliya were constructed. It was also found that under the aforesaid scheme, no villagers got any employment and no foodgrain was given to them. It was also found that a forged muster roll was prepared by the applicant in which the name of one Sant Ram son of Brij Mohan was shown as labourer who had died about 10 years back. His thumb impression was found in the muster roll. The allegation against the applicant is that he has prepared the forged muster roll and he has shown that the allotted work was done by way of preparing the forged papers and making false entries, the applicant and other co-accused persons have misappropriated the aforesaid fund and the wheat grains, thereafter the present F. I. R. was lodged against the applicant and other co-accused person.