Madhya Pradesh High Court
Prerna Chauhan vs The State Of Madhya Pradesh on 18 August, 2021
Equivalent citations: AIRONLINE 2021 MP 1642
Author: Vivek Rusia
Bench: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
(SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
M.Cr.C. No.40240/2021
(Prerna Chauhan V/s The State of M.P.)
Date: 18.08.2021:
Shri Neelesh Agrawal, learned counsel for the applicant.
Shri Yash Tiwari, learned panel lawyer for the
respondent/E.O.W.
ORDER
This is first application filed under section 438 Cr.P.C seeking anticipatory bail as the applicant apprehends his arrest in connection with Crime No.27/21 registered by the Economic Offences Wing, District Ujjain for the offence punishable under sections 409, 420, 467, 468, 471, 120-B of the IPC and u/s 7(a) & 7(c) of the Prevention of Corruption Act.
As per prosecution case, in the year 2013-14 & 2014-15 the State Govt. has established 11 Anganwadis in Block Bajana, district Ratlam and appointed Ad-hoc Committees for the administration of those Anganwadis. At the relevant point of time, the applicant was posted as a supervisor of the Integrated Child Development Scheme (ICDS) in Block Bajana, district Ratlam. For the development and maintenance of those Anganwadis, the State Govt. has allotted a sum of Rs.1 lakh each and deposited the said amount in the account of the Ad-hoc Committees of the respective Anganwadis. Accordingly, the Anganwadis have carried out the maintenance and development work and shown the expenditure of Rs.9,76,000/-. After some time a complaint was made regarding corruption in the development work and on the basis of the said complaint the work done was valued and it was found that only a work of Rs.3,20,957 was done and thereby caused a loss to the exchequer to the tune of Rs.6,55,043/-. Now after a lapse of 6-7 years, an FIR has been lodged by the
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Economic Offences Wing, district Ujjain against the applicant and others.
Learned counsel for the applicant submits that before registration of the FIR a charge sheet was issued to the applicant and a regular departmental enquiry was conducted in respect of corruption in the development and maintenance of the Anganwadis by the Ad-hoc Committees. The applicant participated in the said enquiry and the enquiry officer submitted a report in the month of November, 2019 virtually exonerating the applicant from all the charges as no such financial irregularities or embezzlement has been found. It is further submitted that the applicant is working as a supervisor at the relevant point of time. The applicant is ready to participate in the investigation. If the applicant is arrested then she may suffer the consequences of the arrest in his service, hence prays for the benefit of anticipatory bail in the matter.
Learned counsel appearing on behalf of the EOW opposes the bail application. The complainants Mahesh Panchal, Gajendra, Paras Kasera and others submitted a complaint in respect of irregularity and illegality committed in the development and maintenance of the Anganwadis in the 2013-14. As per prosecution story the State Govt. has sanctioned a sum of Rs.3,52,35,900/- for development and upgradation of 286 Anganwadi centres in district Ratlam and the aforesaid amount was deposited in the bank account of the ICDS. As per the allegations the present applicant being the supervisor of 7 Anganwadi centres has spent Rs.3,20,957/- towards the development works of the Anganwadis whereas he has withdrawn a sum of Rs.9,76,000/- whereby he has embezzled the Govt. fund to the tune of Rs.6,55,043/-, hence the custodial interrogation of the applicant is required in the matter. There are similar charges
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against other Project Officers also.
Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties, without commenting on the merit of the case, the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, she shall be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:
(a) the applicant shall make himself available for interrogation by a police officer as and when required;
(b) she shall not directly or indirectly make any inducment, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled; and
(d) she shall not leave the territory of India without the prior permission of the Court.
Certified copy as per rules.
(VIVEK RUSIA ) JUDGE Ajit AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba 241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1E E901C09EF29, NAN serialNumber=7F0BEE2D78BD57DA058F3247441C 87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.08.18 17:27:02 +05'30'