Mayurkumar Narsingbhai Damor vs State Of Gujarat

B.N. Karia, J

By way of the present application under Section 439 of the Code of Criminal Procedure, 1973, applicant has prayed to release him on regular bail in connection with the FIR registered being I-C.R No.11821008200746 of 2020 before Dahod Rural Police Station, District: Dahod for the offence punishable under Sections 406, 420, r/w. 120B of IPC and Section 66(d) of I.T.Act as well as Section Section 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988.

Learned advocate for the applicant has submitted in his arguments that applicant is falsely implicated by the prosecution as he has not committed any offence as alleged in the FIR. That, initially the alleged offence was triable by learned Magistrate and maximum punishment was 7 years but thereafter, investigating agency has added Section 13(1)(a) and 13(2) of Prevention of Correuption Act, 1988 That, the applicant is working as a computer operator and he had no authorisation to verify the documents and therefore, he has become scapegoat in the said offence. That, in the said FIR, investigation is over and police has filed the charge-sheet. That, in the entire charge- sheet there is not iota of evidence against the applicant to involve in the alleged offence. That, the applicant is not a publice servant and working as an outsourcing computer operator. There is only allegation in the FIR against the applicant that he has given user ID to co-accused persons and thereby misappropriated Government money are completely false allegation and hence, it was requested by learned advocate appearing for the applicant to enlarge the applicant on regular bail with suitable conditions. It is further submitted that applicant has shown his bonafide by depositing Rs.7,70,000/-before the Sessions Court, Dahod.

Per contra, learned APP appearing for the respondent-State has stronlgy objected the arguments advanced by learned advocate for the applicant and submitted that the complainant himself is a Government official working with the District Panchayat as Agriculture Officer. As per the case of the prosecution, the accused persons, in connivance with each other had created the bogus and forged application of agriculturist and obtained financial benefit in terms of Rs.2000/- of each applicant, as per the scheme of the Central Government namely PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA. That, out of 32717 persons, 1191 persons have got the financial benefits which comes to Rs. 23,82,000/- . That, active participation was made by the present applicant in commiting the offence and therefore, after completion of investigation, investigating agency had submitted the charge-sheet on 10.6.2021 before the competent court wherein, present applicant is placed at accused No.1 in the charge-sheet. That, during the investigation, it was found that total amount of fraud was reached to Rs. 9,06,24,000/-. That, peresent applicant is the prime accused of the entire crime as he was working as District Leval Enterpreneur DLE - District Panchayat. That, because of his position as Distrcit Level Enterpreneur, he had wrongfully got the digital user ID by which he can directly submitted an application , by passing one stage of verification at the Taluka level. That, during the course of investigation, it was found that by misusing 3 Master Digital User ID, the applicant had created bogus 78 User ID and same were given to the other accused persons by which various applications were submitted, approved and ultimately those persons have successful in getting the financial gain under the scheme of PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA. That during the course of investigation, all such bogus ID's have been utilised and created by using the master key by the applicant. That, the applicant has played master role in the entire offence. That, user ID had been submitted and provided by the applicant to the other accused persons from which the bogus application were processed. That, other 14 accused are yet to be arrested by the prosecution as they are not avaialble and absconded and investigation is continuted against them. Considering the above said material and involvement of the present applicant in the offence learned APP, has requested to dismiss the application.

Having gone through the contents of the FIR and subimission made by Learned Advocate appearing for the applicant as well as learned APP, appearing for the state and document produced on the record, affidavit filed by the investigating officer before this Court it reveals that initially the offence was registered under sections 406, 420 ansd 120B of IPC as well as under section 66(d) of IT Act. The complainant lodged the complaint against unknown persons. As per prosecution case, the accused perasons in connivance with each other, had created bogus and forged application of agriculturist and obtained financial benefit in terms of RS. 2000/- of each applicant, as per the scheme of the central government namely PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA. Subsequently section 13 (1)(A), 13 (2) of Prevention of Corruption Act 1988, were added by the prosecution. It appeares that the complainant is the government official working with the District Pnachayat as Agriculture Officer. As per the complaint total 35,436 applications were examined and received form the different Talukas of the Dahod District through the Gram Sevak. After examination of the above said application, only 2719 farmers were found as correct beneficiary of the scheme and 32,717 applications were found bogus. Out of them 1191 persons were paid Rs. 2000/- each which comes to Rs. 23,82,000/- and they were wrongly benefited persons. However they were not entitile to claim the amount under the said scheme. As per the chargesheet filed by the investigation agency charged under sections 406, 420 and 120B of IPC as well as under section 66(d) of IT Act is levelled. Further it appears from the chargesheet papers that the applicant was working as Districrt Level Entrepreneur DLE - District Panchayat and because of his position he had wrongfully got the digital user ID, by which he directly submit an application, by passing one stage of verification at the Taluka level. As per the affidavit filed by the Investigating officer, during the course of investigation it was revealed that by miusing the 3 master digital user ID applicant had created bogus 78 user ID and the same were given to the other accused persons by which various applications were submitted, approved and ultimately those persons have successful in getting the financial gain under the scheme of PRADHANMANTRI KISAN SAMMAN NIDHI YOJNA. It appears that all such bogus ID's had been utilised and created by using the master key by the applicant. The list of bogus user ID revealed from NIC is enclosed at Annexure R1. In the chargesheet, applicant is shown as accused no. 1. Primafacie, it appears that the applicant has played master role in the entire offence, by using user ID, submitting and providing to the other accused persons from which bogus applications were processed. As per the report of In-charge Deputy Police Comissioner, Dahod dated 27-09-2021, total 17,358 persons had applied for getting any benefit of the scheme through online. However, they were not entitle to claim for getting any benefit under the scheme and 16,553 persons got amount of Rs. 2,000/- deposited in their account by way of three installments. Total amount of missappropriation comes to Rs. 9,06,24,000/-. As per the report, present applicant has received an amount of Rs. 7,70,000/- from the resepective applicants with the connivance of other accused persons. The bonafide shown by the present applicant by way of depositing an amount of Rs. 7,70,000/- before the District and Sessions court Dahod, cannot be considered by this court. Considering the involvement of the present applicant in the serious offecne of cheating and criminal breach of trust, the basic requirement to bring home the accusations under section of 405 of the code i.e. entrustment and dishonest intention actutated by the applicant and misappropriated it or converted it to his own use to the detriment of the persons who entrusted are established.

Primafacie it is proved at this stage the dishonest intentions from the very beginning of the said offence. Considering the involvement in the offence and active participation and role played by him in commission of the offence, this court is of the considered view that the prayer made by the present applicant cannot be considered as he is shown as accused no. 1 in the charge-sheet. Hence present application is ordered to be dismissed. Rule is discharged.