BAGDARAM @ BAGDARAM PRAJAPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as the learned Public Prosecutor. This bail application under Section 439 Cr.P.C. has been filed against the order dated 27.07.2010 passed by learned Additional Sessions Judge, Beawar, District Ajmer, arising out of FIR No. 33/10 registered at Police Station Todgarh, District Ajmer for the offences under Section 420, 467, 468 and 409 IPC.

(2.) THE instant criminal case had been initiated on a report lodged by Vikas Adhikari, Panchayat Samiti, Javaja, District Ajmer on 16.04.2010 to the SHO, Police Station Todgarh, District Ajmer. It has been mentioned in the report that the State Government had on 10.02.2010 ordered for an enquiry in respect of the works done in MNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) by Gram panchayat Malati -ki -Ber, panchayat Samiti, Javaja. Further, it is stated in the report that for the said purpose the State Government had constituted a Special Enquiry Team of which Mahendra Singh Bhukar, Joint Director was the head. The Said Enquiry Team looked into the account from 03.03.2010 to 08.03.2010 and also physically verified the works done. According to the report, in respect of 28 works done of which copy was annexed, higher valuation had been done in the measurement books and in this embezzlement persons namely; Ganpat Singh Malawat, Sarpanch, Badgaram Prajapat, Junior Engineer/Senior Technical Assistant, Manish Mittal, Junior Technical Engineer and Lal Chand Yogi, Gram Sewak cum Secretary, Malato -Ki -Ber, were involved.

(3.) ON the other hand, learned Public Prosecutor has opposed the bail application and submitted that apart from the fact that part of the embezzled amount had been recovered from the petitioner, the measurement books had been duly signed by him and there is other evidence on record to show his involvement in commission of the crime.