JABNA CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has approached this Court under Sec. 438 of the Code of Criminal Procedure (for short Cr.P.C.) seeking bail in case FIR No. 29 of 2022, dtd. 8/4/2022, registered in Police Station Gohar, District Mandi, H.P., under Ss. 406 and 409 of the Indian Penal Code (for short 'IPC').

(2.) Status Report stands filed on 21/4/2022 and 28/4/2022. Record was also been made available.

(3.) Prosecution case in brief is that on 8/4/2022, statement of Tej Ram, Secretary Gram Panchyat Tharjoon was recorded under Sec. 154 Cr.P.C., wherein he has stated that in the year 2019, fourteen irrigation tanks were approved to be constructed in Gram Panchyat under MGNREGA. For purchasing cement for these tanks, on 19/5/2020, Bill Form was approved and sent to Civil Supplies Office, Thunag and payment with respect to that was made online on 24/6/2020 to the Civil Supplies Department. Thereafter villagers in favour of whom irrigation tanks were approved, started to inquire in Panchyat Office for starting construction of tanks demanding cement for that purpose. In the meanwhile, new Panchayat was constituted and Anjana Kumari Pradhan and Dola Ram Up Pradhan went to the Civil Supplies Office in March, 2021 to collect the cement. On 26/3/2021, 1281 cement bags were demanded from Civil Supplies Office. In response thereto, from the Office of Civil Supplies, it was informed that 986 cement bags for construction of 14 irrigation tanks were received by previous Pradhan Jabna Chauhan (petitioner), i.e. on 25/7/2020 (240 bags), 26/7/2020 (240 bags), 14/8/2020 (200 bags), 22/8/2020 (66 bags) and 5/10/2020 (240 bags), whereupon present Pradhan Anjana Kumari asked ex Pradhan Jabna Chauhan to explain, but in reply she told that she had deposited cement as well as bills of cement in the Panchyat. As per prosecution case, petitioner had neither deposited the cement nor bills of cement in the Panchyat and, therefore, by passing resolution No. 2 on 30/6/2021, Gram Panchyat resolved to inquire into the matter and register FIR with respect to 986 bags of cement related to 14 irrigation tanks. Thereafter Panchayat Inspector inquired into the matter. Lastly complainant prayed for taking legal action against ex-pradhan Jabna Chauhan.