Shri Kant Yadav (in jail) vs State of U.P. and C.B.I.

Vijay Kumar Verma, J.—By means of this application u/s 439 of the Code of Criminal Procedure (in short, "the Cr.P.C."), the applicant Shri Kant Yadav has sought his release on bail in case crime No. 152 of 2008 under Sections 420 467 471 409 468 477A 120B IPC and 8 9 14 and 13(1)(D) 13(2) of Prevention of Corruption Act, P.S. Kavi Nagar, District Ghaziabad.

In pursuance of the direction of High Court of Judicature at Allahabad, an FIR was lodged by Smt. Rama Jain, the then Special Judge, CBI, Ghaziabad on 15.02.2008 at P.S. Kavi Nagar, District Ghaziabad, where a case under Sections 409, 420, 466, 468, 471, 477A, 120-B IPC and 13(i) and 13(ii) Prevention of Corruption Act was registered at crime No. 152 of 2008 against Central Nazir Ashutosh Asthana of District Court, Ghaziabad along with 39 private persons, 13 Class III employees and 30 Class-IV employees of Ghaziabad Judgeship.

In bird eye view the factual matrix contained in the FIR (Annexure-I), in brief, is that an inquiry conducted by the Vigilance Department of High Court, Allahabad has surfaced conspiracy of embezzlement of class-IV employees provident fund money worth millions of rupees with Ashutosh Asthana, Central Nazir of the District Court Ghaziabad, at the helm of the whole conspiracy. The period of such crime lies between the years 2001 to 2008, and the adopted ways were by showing outsiders and class three employees as district court class four employees, and thereby embezzling Provident Fund money.

Such a registered crime was initially investigated by the local police, which, after investigation conducted by it, has now laid charge sheet against some of the accused. However, under the directions issued by the Apex Court in SLP No. 12981 of 2008 and also under the orders passed by Government of U.P. by it''s notification dated 10.9.08, u/s 6 of Delhi Police Establishment Act, the investigation of the crime was transferred to C.B.I. which is now seized of the investigation. Commenced investigations conducted uphill now reveal the planned dexterous methodology employed by the main accused in spacing the coffer chest of provident fund money in execution of the offences. Some genuine payments due to outsiders for the services rendered by them, who were not the employees of the court, were made through government treasury cheques, involving them in the crime, in some cases outsiders were shown to be employees of the court and money was withdrawn in their names. In other cases class three employees were bracketed as class four employees to withdraw the money, in some other types of cases money was withdrawn more than the entitlement of class four employees and so on which methodology is under process of being fully unearthed by C.B.I.

According to the short counter affidavit filed on behalf of the Central Bureau of Investigation, three treasury cheques amounting to Rs. 5,19,000/- were deposited in saving bank accounts of applicant Shri Kant Yadav in Bank of Baroda, the details of which have been given in para 5 of the affidavit. The said amount is said to have been embezzled by the applicant after withdrawing the same from bank.

I have heard Sri S.P.S. Raghav, Senior Advocate assisted by Sri Anil Raghav, learned Counsel for the applicant, Sri G. S. Hajela, Advocate appearing for the CBI and AGA for the State.

It is submitted by learned Counsel for the applicant that the applicant is a victim of nefarious criminal activity of the then Central Nazir Ashutosh Asthana and the applicant does not have any criminal history nor he is wanted in any other case. It is also submitted by Sri Raghav that applicant is milk vendor by profession and he used to supply milk to Ashutosh Asthana, but he fell victim to the fraud played Mr. Asthana.

Although other arguments on merit also have been made by learned Counsel for the applicant, but lastly it is submitted that the applicant is ready to deposit the entire amount, which is said to have been embezzled by him. It is also submitted by learned Counsel in this context that the applicant is in jail for more than a year and by keeping him in jail for indefinite period, the government money is not likely to be recovered, whereas the applicant is ready to deposit the entire amount of embezzlement and hence the release of the applicant on bail on getting the embezzled amount deposited would be in the interest of State of U.P. also

As mentioned herein-above, according to the short counter affidavit filed by the CBI, the applicant Sri Kant Yadav is said to have embezzled Rs. 5,19,000/- from treasury Ghaziabad, which was the money of GPF fund of Class-IV employees. Treasury cheques of said amount were deposited in the account of applicant, which were withdrawn by him. Although due to deposit of the amount in Court by the applicant, offences against him would not be wiped out and on being convicted he will have to face legal consequences, but looking into overall facts, I consider it appropriate to admit the applicant to bail, subject to depositing the entire amount of embezzled money.

Accordingly subject to the condition of depositing Rs. 5,19,000/- under the appropriate Head of State of U.P. and filing treasury challan in the court concerned, let the applicant Shri Kant Yadav s/o Kuber Yadav involved in case crime No. 152 of 2008 u/s 420 467 471 409 468 477A 120B IPC 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. 40,000/- 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 cooperate with the investigating agency.

That he shall not leave District Ghaziabad without intimation to the concerned Court.

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

Aforesaid amount shall be subject to final outcome of the case.