IRFAN QURESHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of the Criminal Procedure Code, 1973. The applicant is in jail since 21.11.2019 in connection with Crime No.946/2017 registered at P.S., Kotwali, Dewas, for offence punishable under Section 420 , 467 , 468 , 471 of IPC.

(2.) As per prosecution story, the applicant while working as Computer Operator on contract basis at Dewas under the scheme known as Rashtriya Samajik Sahayata Karyakram under the department of Social Justice had committed fraud in the matter of preparation of list of eligible persons for pension and had included names of ineligible persons. The amount so credited by the department was withdrawn by those persons. The total amount of defalcation is Rs.9,43,300/- with active connivance and collusion of the applicant. Accordingly, case has been registered.

(3.) Shri Tiwari, learned counsel for the applicant contends that the applicant is innocent and he has been falsely implicated. The applicant was only a contract employee. Neither he had authority to create data nor credit the amount against the names of the persons in the list. He had only prepared list on the basis of data made available to him, therefore, allegations are false. Even otherwise the investigation is complete, challan has been filed, he is not required for custodial investigation. He has already suffered jail incarceration since 21.11.2019. He has no criminal antecedents. However, he shall comply with the terms and conditions including he is prepared to also deposit 50% of the alleged defalcated amount with the Court below. He is sold bread earner in the family. Due to his jail incarceration the family is at the verge of starvation. Hence, prays for grant of bail.