Nishant Khare vs State Of M.P

Anand Pathak, J

The applicant has filed this first bail application u/S.438, Cr.P.C. for grant of bail. Applicant is apprehending his arrest in respect of registration of

crime No.256/2021 registered at Police Station Gohad, District Bhind, in relation to the offence punishable under Sections 420 and 409 of IPC.

It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offences referred above.

It is further submitted that allegation against the applicant is that he prepared false damage report regarding 288 farmers and given their bank details to

the higher authorities and compensation has been awarded to them but his role was not of much significance because as per Clause-10 of Revenue

Book Circular, Part-6 Sr.No.4 (R.B.C.6-4) of Revenue Department, it is the duty of revenue officers from Commissioner to Naib Tehsildar but

applicant is Patwari therefore, he has no liability per se regarding alleged act. It is further submitted that those beneficiaries of compensation already

returned back the money by way of challan to the State Government. Therefore, confinement may bring social disrepute and professional

inconvenience. On these grounds, he prays for anticipatory bail.

Learned counsel for the respondent/State vehemently opposed the prayer on the ground that applicant was in-charge of five villages and gave wrong

details of bank accounts of those persons who were not entitled for crop damages due to hailstorm and he was instrumental in preparing false list of

entitled beneficiaries so that they could have claimed compensation from the State Government whereas in reality, their crops were not damaged.

Inquiry report dated 04.06.2021 reveals the role of applicant in categorical terms and his role has been mentioned in the said report. Looking to the

nature of allegations his custodial interrogation is required. He also referred the order dated 18.08.2021 of M.Cr.C.No.41022/2021 (Kuldeep Jatav Vs.

State of M.P.) and submits that on same set of facts another co-accused withdrew his application.

Heard learned counsel for the parties at length and considered the arguments advanced by them through case diary.

This is a case where applicant is Patwari and facing allegations for preparing false list of beneficiaries and thereafter, transfer of amount in favour of

those beneficiaries (total 288 farmers) as per the Clause-10 of Revenue Book Circular, Part-6 Sr.No.4 (R.B.C.6-4) of Revenue Department and

Patwari is bestowed with prime responsibility to inform higher officers about the crop damage due to natural calamities and has to submit a report

accordingly. He is at bottom of pyramid over which the whole edifices of revenue administration stands. His compromised integrity directly affects the

public at large. Here allegations, prima facie suggest that he was instrumental in siphoning off money to those persons who were not entitled for the

same and obviously this money was at the cost of real victims of natural calamities. Custodial interrogation may be required and looking to the nature

of allegations, no case for anticipatory bail is made out.

Application sans merit and is hereby dismissed.

Applicant has to surrender and cooperate in investigation.