Rajesh vs State of Haryana

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of Code of Criminal Procedure in FIR No.157 dated 29.06.2011 under Sections 420, 467, 468, 471 and 409 of Indian Penal Code, registered at Police Station Rai, District Sonepat. I have heard learned counsel for the parties and gone through the record.

It has been argued by the learned counsel for the petitioner that he was posted as Gram Sachiv (Village Secretary) at the relevant time and he has only scribed the resolution on the instructions of Sarpanch of the Gram Panchayat and said resolution was signed by Sarpanch as well as other Panchs. Further contends that however, further allegations are that co-accused Raj Singh who was Sarpanch of Gram Panchayat forged a letter of B.D.P.O. instead of sending the said resolution to B.D.P.O. and obtaining permission from B.D.P.O. and thereafter got the F.D.R. encashed himself without following the proper procedure. It is further contended that however, no other role has been attributed to present petitioner and he has not withdrawn any amount from the account of the Gram Panchayat. It has also been contended that petitioner has been continuing in custody since13.10.2011.

Learned counsel for the State on the instructions of ASI Puran Singh, has not disputed these facts.

There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Rajesh is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Sonepat.