MANOJ SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application filed by the applicant Manoj Shrivastava under section 438 of CrPC, 1973 for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No. 196/2018, registered at P.S - Nowrozabad, District - Umaria under Sections 409, 420, 467, 468, 471, 120B of IPC.

(3.) As per the prosecution story, vide NIT dated 28.11.2015 bids were invited for construction of 1162 public toilets under 'Swachh Bharat Mission' at ward No. 1 to 15 coming under Nagar Parishad Nowrozabad, District Umaria and after completion of the formalities, co-accused Sanjay got the said contract and in pursuance of said contract co-accused completed more than 660 toilets and construction of rest of toilets is going on. On the complaint of irregularity in construction of these toilets. Collector Umaria constituted a three member committee comprising of Three Naib Tehsildar for inquiring the complaint. That committee enquired the complaint and did the spot inspection and found certain irregularities in construction of 68 toilets out of 660 toilets and sent the report that out of 660 toilets, 24 are incomplete, 6 toilets are sanctioned for beneficiaries who are not residing in the concerned wards, 29 toilets in actuality have not been constructed but payment for the same has been received. by the Contractor and 9 toilets which were shown to be constructed by the Contractor in fact have been constructed by the beneficiaries themselves on their own expenses. The amount for construction of these toilets have also been taken by the Contractor. Thus, the Contractor Sanjay Kumar in connivance with applicant Manoj Shrivastav Sub-Engineer, Ompal Singh Bhadoriya, the then CMO, Nagar Parishad Nowrozabad, Smt. Suman Gotiya, President, Nagar Parishad Nowrozabad, Jitendra Singh Parihar, present CMO and Smt. Omwati Tiwari, Sub Engineer misappropriated Rs. 7,83,360/-. On that, police registered Crime No. 196/2018, registered at P.S - Narojabad, District - Umaria under Sections 409, 420, 467, 468, 471, 120 B of IPC. Applicant apprehends his arrest in the crime.