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Naresh Pal Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9855 of 2006 [2006] RD-AH 18730 (6 November 2006)


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Criminal Misc. Bail Application No. 9855 of 2006

Naresh Pal Singh            Vs.              State of U.P.

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Naresh  Pal Singh   indicted in case crime No. 234  of 2004  under sections 204, 120-B 408, 409, 420, 468, 471, 477-A  I.P.C. P.S. Sirauli  District Bareilly .

Heard Shri G.B Singhal, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that Co-operative Society was having it headquarters at Baragaon Gaon and Sub-Center at Gurgaon even before the applicant took over charge as Secretary. The learned counsel argued that on 1.9.2001 the applicant took over charge of the Sub-Centre Gurgaon from  Shri Tota Ram through Shri Gurinder Singh, outgoing Secretary and the charge was restored to Shri Tota Ram  the same day and  work of sale , supply and storage etc. of the fertilizers was entrusted to him. The learned counsel contended that the first meeting of the managing committee of the society after taking over charge by the applicant took place on 11.9.2001 and on that date Shri Onkar Singh was re-appointed as in- charge of Baragaon center and Shri Tota Ram was appointed as in-charge of the fertilizers of Sub-centre Gurgaon. The submission of the learned counsel was that Shri Onkar Singh and Shri Tota Ram were specifically authorised to receive fertilizers and seeds on cheques and to maintain fertilizer stock and sale register. Another plank of argument of learned counsel was that in the inquiry conducted prior to the making of First Information Report no financial irregularity was found and godown was sealed by the A.D.O. on 9.7.2003. The learned counsel urged that on verification the records were found in accordance with stock. The learned counsel contended that in the cash book the entry of taking of advance of Rs. 2,90,000/- and  payment of  Rs. 60,000/- out of the said amount are not in the handwriting of the applicant. The learned counsel argued that it is a case of accounting and negligence of staff of the society.

The learned A.G.A. submitted that the signatures of Shri Tota Ram and Shri Onkar Singh were not obtained on the resolutions dated 11.9.2002 nor orders  about entrustment of charge of fertilizers were communicated in writing to them. The learned counsel urged that the charge of fertilizers having not been entrusted to Shri Tota Ram and Shri Onkar Singh, they can not be held responsible for embezzlement. The learned counsel argued that the applicant dishonestly and fraudulently made entries about sale of fertilizers though no stock of fertilizer was available in the godown or was received in stock from outside. The learned counsel submitted that false sale of fertilizers in heavy quantity was shown with avowed  object to conceal the embezzlement of previous stock of fertilizers. The learned counsel convassed that the applicant made false entry of advance payment of Rs. 2,90,000/- in the cash book. The learned counsel submitted that the applicant has caused disappearance of relevant documents with oblique motive to safe himself from the charge of embezzlement.          

I have taken into consideration the submissions advanced on behalf of both the parties.

The applicant was Secretary of Baragaon Co-operative Society during the period 2.9.2001 to 31.12.2003. The applicant is said to have dishonestly and fraudulently misappropriated  government money to the tune  of Rs.12,59,529.85 Paise by showing fictitious sale of fertilizers and making false entries in the in the records,. The charge of Baragaon Centre and Sub-centre Gurgaon was never handed over by the applicant to Shri Onkar Singh and Shri Tota Ram as per the resolution. During his tenure in  office the applicant  never   complained  against Shri Tota Ram and Shri Onkar Singh by whom, as per resolution, the amounts received from the daily sale of fertilizers and seeds were to be deposited  with the applicant.  The applicant has caused the disappearance of  records for screening himself from criminal liability.   Looking to the deceitful acts of the applicant , I am not inclined  to grant bail to him.

The bail application moved on behalf of the applicant Naresh pal Singh is hereby rejected.  




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