JUDGEMENT
Vinod Prasad, J. -
(1.) APPLICANT Smt Megha @ Munga Rani has filed this bail application for her release on bail in Crime No. 152 of 2008 for offenses under sections 409, 420, 467, 468, 471, 477-A, 120-B I.P.C. and 13(1), 13(2) (D) of The Prevention of Corruption Act, police station Kavi Nagar, district Ghaziabad as her bail prayer in the aforesaid crime has been refused by the courts below. The prosecution allegations against the applicant, in brief, are that she connived with Ashutosh Ashthana, Central Nazir, district court, Ghaziabad, embezzled Provident Fund money of class four employees of district court regarding which an inquiry was conducted by the vigilance department of High Court, Allahabad and thereafter ,on the direction of the High Court, a FIR was lodged by Special Judge, C.B.I., Ghaziabad, which was registered as crime number and for offenses mentioned above. The embezzled amount anointed on the applicant is Rs.2,50,000/-. Sri Sharad Kumar Srivastava advocate was heard in support of the bail application and Sri G.S.Hajela, learned counsel for the C.B.I and Sri Sudhir Mehrotra, learned AGA in opposition and I have perused bail application, counter affidavits and rejoinder affidavits. Learned Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated only on suspicion and she is incarcerated in jail since 23.3.2008. He contended that the applicant has been implicated because of her husband and she had no knowledge about the deposite and with drawls made .No specific role has been assigned to her. Her name was spelt out by central nazir only to save his head from the crime in which only he was involved. It is argued that but for the 164 Cr.P.C. statement of prime accused , there is no other incriminating evidence against the applicant joining her with the crime. Learned counsel invited my attention on paragraph no. 5 and 6 of the counter affidavit filed by C.B.I to contend that complicity of the applicant is not established in the crime and there is no evidence of conspiracy against her and, in fact, applicant is a victim of the neferious criminal activity of Ashutosh Ashthana. APPLICANT does not have any criminal history nor she is wanted in any case and she has been implicated along with her husband Narendra. It is submitted that statement of co accused is not a legal evidence and can not be looked into against the applicant and hence there is no legal evidence against the applicant. Co accused have also been granted bail and hence concludingly, it was prayed that the applicant be released on bail in the afore mentioned offenses. Opposing bail of the applicants it was contended by C.B.I as well as by learned AGA that the fraud relate with the court and the applicants have connived with Ashutosh Ashtana and looking to the inormity of the charge and the dimension of investigation which is swelling day in and day out the applicants be not released. I have considered rival contentions in the backdrop of the factual allegations. What is not disputed by the rival sides is the fact that the applicant is an outsiders and is a house wife. She is incarcerated in jail since 23.3.2008 more than a year. The money is alleged to have been deposited and withdrawn by her husband. The main evidence against the applicants is the confessional statement of the main accused. How much of that statement can be utilised by the court has to be looked into by the trial judge. Admissibility of the ex- culpatry part of that 164 Cr.P.C. statement is also an aspect to be decided by the trial judge but the fact remains is that but for disclosers made by Central Nazir, there is no direct evidence against the applicants. Looking to the over all circumstances of the charge and evidence collected till now, but with out expressing any opinion on the merits of the matter , I consider it appropriate to release the applicant Smt Megha @ Munga Rani on bail in the aforesaid Crime No. 152 of 2008 for offenses under sections 409, 420, 467, 468, 471, 477-A, 120-B I.P.C. and 13(1), 13(2) (D) of Prevention of Corruption Act, police station Kavi Nagar, district Ghaziabad on her executing a personal bond of Rs. twenty thousands with two solvent sureties each in the like amount on the following conditions (i) that the applicant shall co- operate with the investigating agency,(ii) that she will not leave district Ghaziabad without intimation to the I.O. Bail applications is allowed on the above conditions.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.