Anil Kumar Garg vs State of U.P.

Vijay Kumar Verma, J.—Short counter affidavit has been filed by Shri G. S. Hajela, advocate on behalf of C.B.I., which is taken on record.

In this bail application, prayer for bail has been made on behalf of the applicant-accused Anil Kumar Garg in the case, which is popularly known as "Ghaziabad G.P. Fund Scam".

Shorn of unnecessary details, charges levelled by the prosecution against the applicant in short are that he conspired with the then Central Nazir, Ashutosh Asthana, District Court, Ghaziabad in embezzling the provident fund money of Class IV employees of Ghaziabad Judgeship regarding which, on the direction of the High Court, an F.I.R. was lodged by Special Judge, C.B.I., Ghaziabad. The amount saddled on the applicant is Rs. 2,42,000.

Heard Shri Rajesh Kumar Sharma, learned Counsel for the applicant, Shri G. S. Hajela, advocate. appearing for the C.B.I. and learned A.G.A. for the State and perused the entire record carefully.

It is submitted by Shri R. K. Sharma that applicant is not an employee of Ghaziabad Judgeship and he has been falsely roped in this case. Next submission made by the learned Counsel is that the applicant is carrying on the business of supplying building materials in the name of "Garg Builders" and he had supplied building materials to Ghaziabad Judgeship through the then Central Nazir Ashutosh Asthana for which payment of Rs. 2,42,000 was made through cheques. In support of this submission, my attention has been drawn towards the copies of bills, which have been filed as Annexure II to the bail application.

Next submission made by learned Counsel for the applicant is that similarly placed accused Arun Kumar Verma, who had supplied certain other articles to Ghaziabad Judgeship through the Central Nazir Ashutosh Asthana, has been granted bail by another Bench of this Court with the condition to deposit the embezzled amount and hence, the applicant also should be admitted to bail, as he also is ready to deposit entire amount, which is alleged to have been misappropriated by him.

It is also submitted by learned Counsel for the applicant that there is no evidence of conspiracy against the applicant, who is victim of fraud played on him by Ashutosh Asthana.

I have carefully perused the short-counter affidavit filed on behalf of the C.B.I. In para 5 of this short-counter affidavit, it is stated that investigation has revealed that Shri Anil Kumar Garg (applicant herein) is a supplier of building material by profession and as per the record of District Treasury, two cheques for Rs. 1,08,000 and Rs. 1,34,000 were issued in his name. It is also stated in para 5 of this affidavit that at this stage, no definite opinion has been formed about the culpability of accused Shri Anil Kumar Garg, as investigation of this case is still in progress.

Similarly placed accused Arun Kumar Verma has been granted bail by another Bench of this Court vide order dated 2.3.2009 passed in criminal misc. bail application No. 4744 of 2009.

Therefore, looking to the overall facts and circumstances of the charge and evidence collected till now, but without expressing any opinion on merits of the case, I consider it appropriate to admit the applicant to bail.

Accordingly subject to the condition of depositing Rs. 2,42,000 before the Court concerned, let the applicant Anil Kumar Garg s/o late Shri Daya Shanker Garg involved in case crime no 152 of 2008 u/s 409, 420, 467, 468, 471, 477A, 120B, I.P.C. and 8/9/14, 13(1)(d) and 13(2), Prevention of Corruption Act, P.S. Kavi Nagar, Ghaziabad be released on bail on his executing a personal bond of Rs. 25,000 and furnishing two sureties each in the like amount to the satisfaction of the Court concerned and executing an undertaking in the following terms:

That the applicant shall co-operate with the investigating agency.

That he shall not leave District Ghaziabad without intimation to Investigating Officer.

That he will make himself available as and when required either by the prosecution or by the Court concerned.

Aforesaid amount shall be deposited by the Court concerned in fixed deposit in any Nationalized Bank initially for a period of one year, which shall be renewed thereafter on year to year basis and shall be refunded with accrued interest to the applicant in case no charge-sheet is submitted against him after investigation and if charge-sheet is submitted, then the amount shall be refunded if after trial, the applicant is finally acquitted. In case of conviction, entire amount with accrued interest shall stand forfeited in favour of the State of U.P. and after withdrawal of the amount from Bank. the same shall be deposited in the account of State Government.