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| High Court rejects anticipatory bail plea of accused | | Alleged fraudulent withdrawal of payments | |
Early Times Report
Jammu, Dec 30: Jammu and Kashmir High Court has rejected the bail application of Gram Rozgar Sewak (GRS) and National Youth Corp (NYC) employee in a case of alleged frau dulent withdrawal of payments meant for skilled labourers.
According to the details of the case the GRS and an employee of NYC had allegedly misused the Digital Electronic Signature (DSE) of the two women sarpanchs to siphon the money. Both these sarpanchs had lodged a written complaint with Police Station Marwah against the two accused.
As per the details available with “Early Times”, in a case titled Shahid Hussain Magray and another, the accused moved an application through Senior Advocate P.N. Raina, & Advocate J. A. Hamal before the Court of Justice Javed Iqbal Wani pledging innocence of the petitioners demanding anticipatory bail in favour of both the accused. Vishal Bharti, Deputy Advocate General Union Territory of J&K represented the Police Station Marwah in the case.
In the instant application/petition, the petitioners seek bail in anticipation of their arrest in case FIR No. 5/2020 punishable under Sections 468/409 IPC registered at Police Station Marwah, District Kishtwar.
The counsel of the petitioners stated that on the basis of some false and baseless report lodged by complainant-sarpanchs, the FIR supra came to be registered with sole ulterior motive to cause injury to the person and reputation of the petitioners added that while apprehending their arrest in the aforesaid FIR, the petitioners applied for grant of anticipatory bail before the court of Principal Sessions Judge, Kishtwar which court while entertaining the same called for report from the respondents and upon consideration of the same refused to grant the concession of bail vide order dated 19.11.2020.
Petitioners plead that the occurrence as alleged has never happened and they have never committed any offence much less the offence alleged.
Petitioners further reiterate that, they are innocent and have not committed any offence and are the sole bread earners of their family. Their arrest in this false case would result in them losing their jobs.
In reply to the petition, respondents in the objections/report filed in opposition to the bail application resisted and controverted the contentions raised and grounds urged by the petitioners, wherein it is being stated that on 12.10.2020, the complainants viz (1) Shabrooza Nabi D/o Gh. Nabi Magray R/o Nowpachi Marwah Sarpanch Panchayat Nowpachi-A, (2) Yasmeena Begum W/o Gh. Hussain R/o Qadarna Marwah Sarpanch Panchayat Qadarna-A and (3) Mohd Abass Lone S/o Amber Lone R/o Yourdu Secretary Panchayat Nowpachi-A and Qadarna-A gave a written complaint to the Police Station Marwah alleging therein that the petitioners have drawn an amount of Rs. 11,27,000 and Rs. 10,36,000/= on the name of Job card holders fraudulently. The said amount is stated to have been deposited by the petitioners in the accounts of their relatives fraudulently and used for their personal interest causing great loss to the government exchequer.
It is being stated that after getting list of so called beneficiaries in whose accounts the money has been transferred, the investigating agency recorded the statements of VLW/Secretary Panchayat (complainants) and few of Job Card Holders. Information is also stated to have been obtained from the various J&K Bank branches wherein it had been informed by the BDO office that the transactions have been done in the said branches. Statements of various beneficiaries named in the objections are stated to have been recorded under Section 161 CrPC by the investigating agency who are stated to have categorically said that the petitioners have duped the said beneficiaries by taking their ATM cards and deposited the government money as labour in their accounts and then withdrew the same by using their ATM cards.
It is being further stated that during the course of investigation one Amir Rasool S/o Gh. Rasool Danak R/o Nowpachi stated that he was taken by the petitioners to Anantnag for withdrawal of extra money except his labour wages by using his ATM card on 16.09.2020 in district Anantnag.
To sum up, the respondents have stated that investigation is at its infancy /preliminary stage and that the commission of crime by the petitioners is exposed and manifest and that the arrest of the petitioners in the matter is warranted in order to unearth the acts of omission and commission committed by the petitioners while working as public servants and that the grant of anticipatory bail at this stage to the petitioners will hamper the investigation. “Considering the instant petition on the above scales and in the backdrop of the objections/report filed by the respondents, the petitioners prima facie seemingly are involved in the commission of serious offences under Sections 468 /409 IPC . The petitioners appear to be involved in the commission of offences in question while employing illegal means qua public money taking advantage of their being public servants. The contentions urged by the petitioners in the petition/ application that they never committed any offence much less the offences alleged and that they have been falsely implicated in the case can neither be looked into by this Court at this stage unless the investigation of the case is completed by the investigating agency nor can be the said contention of the petitioners of innocence taken to be as a gospel truth at this stage” Court observed in its order.
In view of the gravity and seriousness of the alleged offences committed by the petitioners, instant bail application is dismissed. |
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