Gujarat High Court

Anilkumar Bharatbhai Katara vs State Of Gujarat on 15 November, 2021

Bench: B.N. Karia

R/CR.MA/14487/2021                              CAV JUDGMENT DATED: 15/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 14487 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE B.N. KARIA
==========================================================

1 Whether Reporters of Local Papers may be allowed No to see the judgment ?

2    To be referred to the Reporter or not ?                       No

3    Whether their Lordships wish to see the fair copy             No
     of the judgment ?

4    Whether this case involves a substantial question             No

of law as to the interpretation of the Constitution of India or any order made thereunder ?

========================================================== ANILKUMAR BHARATBHAI KATARA Versus STATE OF GUJARAT ========================================================== Appearance:

MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1 MR. MANAN MEHTA, APP (2) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

Date : 15/11/2021

CAV JUDGMENT

By way of the present application under Section 439 of the

Code of Criminal Procedure, 1973, applicant has prayed to

release him on regular bail in connection with the FIR

registered being I-C.R No.11821008200746 of 2020 before

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Dahod Rural Police Station, District: Dahod for the offence

punishable under Sections 406, 420, r/w. 120B of IPC and

Section 66(d) of I.T.Act as well as Sections 13(1)(a) and 13(2)

of Prevention of Corruption Act, 1988.

Learned advocate for the applicant has submitted in

his arguments that applicant is not a Government servant/public

servant and there is no allegations or iota of evidence that the

applicant has taken any pecuniary benefit from the amount

which was directly disbursed to the farmers. It is further

submitted that no offence punishable under Section 13(1)(a) and

13(2) of the Prevention of Corruption Act, 1988 is established

by the prosecution. That, while implementing PM Kisan Yojna,

the amount of relief could only be credited to the accounts of

farmers after scrutiny and sanction from the Taluka and District

Level, Government Officials. That, in order to shield the

Government Officials, the applicant and co-accused are made

scapegoat. That, there are no ingredients of the offences

punishable under Sections 406, 420 and 120-B of the Indian

Penal Code. That, the applicant has not assured any official for

R/CR.MA/14487/2021 CAV JUDGMENT DATED: 15/11/2021

his favour or demanded any gratification from the farmers. That,

even if the allegations levelled against the applicant is believed

to be true than also it was contractual relationship between the

applicant and farmers for filling up forms for which the

applicant used to charge nominal fees. That, nothing is

recovered or discovered from the applicant except the mobile

phone and laptop. That, the applicant has not committed any

offence as alleged by the prosecution nor he has played any role

in the commission of any alleged offence. That, the FIR do not

satisfy ingredients of any of the offences as alleged. That, the

appliant undertakes to co-operate with the investigation and

make himself available as and when his presence is required.

Hence, it was requested by learned advocate appearing for the

applicant to enlarge the applicant on regular bail with suitable

conditions.

Per contra, learned APP appearing for the respondent-State

has stronlgy objected the arguments advanced by learned

advocate for the applicant and submitted that the complainant

himself is a Government official working with the District

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Panchayat as Agriculture Officer. As per the case of the

prosecution, the accused persons, in connivance with each

other, had created the bogus and forged application of

agriculturist and obtained financial benefit in terms of

Rs.2000/- of each applicant, as per the scheme of the Central

Government namely PRADHANMANTRI KISAN SAMMAN

NIDHI YOJNA. That, out of 32717 persons, 1191 persons have

got the financial benefits which comes to Rs. 23,82,000/- . That,

active participation was made by the present applicant in

committing an offence and therefore, after completion of

investigation, investigating agency had submitted the charge-

sheet on 10.6.2021 before the competent court wherein, present

applicant is placed at accused No.3 in the charge-sheet. That,

during the investigation, it was found that total amount of fraud

was reached to Rs. 9,06,24,000/-. Learned APP has requested to

consider the affidavit of the Investigating Officer produced on

record. That, the applicant is having close association with the

prime accused no.1 Mayur, who was working as District Level

Enterpreneur DLE-District Panchayat, because of his position as

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District Level Enterpreneur, the accused No.1 had wrongfully

got the digital user ID, for which he can directly submit an

application, by passing one stage of verification at the Taluka

level. That, by misusing 3 master digital user ID, the accused

No.1 had created bogus 78 user ID and the same were given to

the other accused persons, by which various applications were

submitted, approved and ultimately those persons were

successful in getting the financial gain under the scheme of

PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA.

That, present applicant is one of the persons, who had got such

bogus user ID, by which, he had applauded various applications

of bogus applicants. That, all such bogus Ids have been utilized

and created by using master key by the accused No.1. Learned

APP has referred list of bogus user ID revealed from NIC as

annexed at Annexure R1. He has also referred the detailed

report prepared by the Investigating Agency on the basis of the

charge-sheet papers with regard to the connection of the present

applicant with the crime at Annexure R-2. That, further

investigation as provided under Section 173(8) of the Criminal

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Procedure Code is going on and at present, some of the accused

persons are absconding and there are bright chances that even

the Investigating Agency may get more material during the

further investigation about the role and connection of the present

applicant with the crime. Hence, it was requested by learned

APP for the respondent-State to dismiss this application.

Having gone through the contents of the FIR and

subimissions made by learned Advocate appearing for the

applicant as well as learned APP appearing for the respondent-

state and documents produced on record as well as affidavit

filed by the investigating officer before this Court, it reveals

that initially the offence was registered under sections 406, 420

ansd 120B of IPC as well as under section 66(d) of IT Act. The

complainant lodged the complaint against unknown persons. As

per prosecution case, the accused perasons in connivance with

each other, had created bogus and forged application of

agriculturist and obtained financial benefit in terms of RS.

2000/- of each applicant, as per the scheme of the Central

Government namely PRADHANMANTRI KISAN SAMMAN

R/CR.MA/14487/2021 CAV JUDGMENT DATED: 15/11/2021

NIDHI YOJNA. Subsequently section 13 (1)(A), 13 (2) of

Prevention of Corruption Act 1988, were added by the

prosecution. It appeares that the complainant is the government

official working with the District Pnachayat as Agriculture

Officer. As per the complaint total 35,436 applications were

examined received form the different Talukas of the Dahod

District through the Gram Sevak. After examination of the

above said application, only 2719 farmers were found as correct

beneficiary of the scheme and 32,717 applications were found

bogus. Out of them 1191 persons were paid Rs. 2000/- each

which comes to Rs. 23,82,000/- and they were wrongly

benefited persons, however, they were not entitled to claim the

amount under the said scheme. As per the charge-sheet filed by

the investigation agency, charged under sections 406, 420 and

120B of IPC as well as under section 66(d) of IT Act is levelled.

Further it appears that qua the present applicant, investigation is

over and charge-sheet was filed dated 10 th June, 2021 before the

competent court wherein, the applicant is placed as accused

No.3. Total amount of fraud, after conclusion of the

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investigation, was reached to Rs. 9,06,24,000/- From the

chargesheet papers, there is no reason to disbelieve that the

applicant is having closed association with the prime accused

No.1 namely Mayur, who was working as District Level

Enterpreneur DLE-District Panchayat. He had wrongfully got

the digital user ID. He misused 3 master digital user ID and

created bogus 78 user ID and same were given to the other

accused persons by which various applications were submitted,

approved and ultimately those persons were successful in

getting the financial gain under the scheme of

PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA. The

present applicant is one of the persons who had got such user ID

and by which he had applauded varuous applicatioms of bogus

applicants. As per affidavit of the Investigating Officer

produced on record, such bogus Ids were utilized and created

by using the master key by the accused No. 1. The list of bogus

ID revealed from NIC is annexed by the prosecution at

Annexure R1. Present applicant has also received Rs. 100/-

and Rs.150/- and he has made contact with the main accused

R/CR.MA/14487/2021 CAV JUDGMENT DATED: 15/11/2021

namely Mayur Damor to pay Rs.50/- per form and thereafter, he

had filled up the forms of persons who were not farmers. The

applicant has also given Rs.2,00,000/- to the accused No.1

namely Mayur Damor for getting false user ID and password.

The applicant alongwith other co-accused persons has prima

facie misappropriated government money of Rs. 9,06,24,000/- .

It apppears that other 14 accused persons are yet not arrested

and they are absconding and investigation against them is

continued. While going into the status report furnished by the

Deputy Suptd.of Police, District Dahod and counter affidavit

dated 7th October, 2021, sworn by the Deputy Suptd. Of Police,

Dahod without expressing any opinion, this Court at this stage,

feels that release of the applicant would hamper the

investigation of other 14 accused persons, who are absconding

or not available and may influence the witnesses and tamper

with the material evidences, as the applicant is ultimately

beneficial and conspirator in huge monetory transaction. The

ratio laid down by the Hon'ble Apex Court rendered in case of

Y.S.Jagan Mohan Reddy Vs. Central Bureau of Investigation

R/CR.MA/14487/2021 CAV JUDGMENT DATED: 15/11/2021

reported in CLJ 2013 2734 which is held as under:

"15) Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country.

16) While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations."

Taking note of all these facts and the huge magnitude of

the case and also the submissions of the prosecution that

investigation against co-accused persons is under process. Thus,

without expressing any opinion, this Court is of the opinion that

the release of the applicant at this stage may hamper the

investigation and therefore, prayer made by the applicant stands

dismissed. The applicant is free to renew his prayer for bail

before the trial Court after completing investigation of the

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remaining co-accused persons and if such application is filed

before the trial Court, the trial Court would be free to consider

the prayer for bail independently on its own merits without