- (1.) By means of this application under Section 439 of the Code of Criminal Procedure (in short, "the Cr.P.C."), the applicant Shri Kant Yadav has sought his release on bail in case crime No. 152 of 2008 under Sections 420, 467, 471, 409, 468, 477A, 120B IPC and 8, 9, 14 and 13(1)(D), 13(2) of Prevention of Corruption Act, P.S. Kavi Nagar, District Ghaziabad.
(2.) In pursuance of the direction of High Court of Judicature at Allahabad, an FIR was lodged by Smt. Rama Jain, the then Special Judge, CBI, Ghaziabad on 15.02.2008 at P.S. Kavi Nagar, District Ghaziabad, where a case under Sections 409, 420, 466, 468, 471, 477A, 120-B IPC and 13(i) and 13(ii) Prevention of Corruption Act was registered at crime No. 152 of 2008 against Central Nazir Ashutosh Asthana of District Court, Ghaziabad along with 39 private persons, 13 Class III employees and 30 Class-IV employees of Ghaziabad Judgeship.
(3.) In bird eye view the factual matrix contained in the FIR (Annexure-I), in brief, is that an inquiry conducted by the Vigilance Department of High Court, Allahabad has surfaced conspiracy of embezzlement of class-IV employees provident fund money worth millions of rupees with Ashutosh Asthana, Central Nazir of the District Court Ghaziabad, at the helm of the whole conspiracy. The period of such crime lies between the years 2001 to 2008, and the adopted ways were by showing outsiders and class three employees as district court class four employees, and thereby embezzling Provident Fund money.;