IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.500 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Virendra Singh Bisht S/o Late Bachan Singh Bisht Block Development Officer, Vikas Khand, Pauri, District Pauri Garhwal At present Assistant Project Director, Office of Pariyojna Nideshak, Village Development Authority, Pauri Garhwal ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 3, 2010 ____________________________________________________________________ Arising out of Case Crime No.347 of 2010 Under Sections 120-B and 409 of IPC P.S. Kotwali, Pauri, District Pauri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Lokendra Dobhal, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. Brief facts of the case are that Ved Prakash, Block Development Officer, Pauri lodged a report in the police station against the present applicant and the co-accused Lokesh Kumar on 10.3.2010 alleging that the applicant in collusion with his subordinate Lokesh Kumar, Accounts Clerk have misappropriated the government funds. Learned counsel for the applicant argued that the applicant has falsely been implicated in the alleged crime. Contrary to this, learned Addl. GA for the State while opposing the bail of the applicant strongly argued that the applicant, while posted as Block Development Officer, in collusion with co- accused Lokesh Kumar, have misappropriated government funds to the tune of Rs.12,44,721/- by issuing different cheques on different dates. Details of money withdrawn by the applicant is annexed with the counter affidavit as Annexure No.3, which is reproduced as under:- S.No. Details Amount 1. Receipt No.288257 dated 7.7.2009 7,500.00 2. Receipt No.288258 dated 20.8.2009 30,000.00 3. Receipt No.368083 dated 14.9.09 15,697.00 4. Cheque No.424529 dated 20.4.2009 25,000.00 5. Cheque No.191632 dated 26.8.2009 35,000.00 6. Cheque No.191630 dated 26.8.09 10,000.00 7. Cheque No.309826 dated 26.8.09 2,10,000.00 8. Cheque No.180889 dated 26.8.09 5,000.00 9. Cheque No.450331 dated 11.8.09 15,300.00 10. Cheque No.191440 dated 26.8.09 2,10,000.00 11. - 1,62,100.00 12. - 95,000.00 13. Cheque No.821902 dated 26.8.09 2,05,000.00 14. Cheque No.450332 dated 21.8.09 15,337.00 15. Cheque No.450333 dated 27.8.09 5,000.00 16. Cheque No.450328 dated 15.6.09 1,01,897.00 17. Cheque No.424573 dated 1.5.09 1,01,895.00 TOTAL 12,44,721.00 In the counter affidavit, statements of complainant Ved Prakash, Block Development Officer, District Pauri and Sri Bhagwan Singh Mehra, Panchayat Development Officer, have also been annexed, who have also supported the prosecution case in their statements. Perusal of the contents of FIR; details of amount withdrawn by the applicant (Annexure No.3) as well as perusing the statements of complainant Ved Prakash, Block Development Officer and Bhagwan Singh, Panchayat Development Officer, annexed as Annexure Nos.1 and 2, respectively with the counter affidavit, prima facie indicates that the applicant, while posted and functioning as Block Development Officer, Pauri misappropriated the government funds to the tune of Rs.12,44,721/-. Keeping in view all these facts and circumstances and seriousness of the case, the Court is of the view that no case for bail is made out. Bail application is rejected accordingly. (Dharam Veer, J.) 03.06.2010 RG