In S.B. Cri Misc Bail Appl No. 5779 of 2023- RAJ HC- ‘The petitioner through their acts have cheated the public at large causing huge financial loss to the public exchequer’: Rajasthan HC dismisses bail plea of govt employees accused of pilfering food items meant for distribution among economically deprived, rural students of Tribal Sub Plan areas
Justice Kuldeep Mathur [23-05-2023]

Read More: Bheru Lal v State of Rajasthan

Simran Singh

New Delhi, May 26, 2023: The Rajasthan High Court dismissed the bail application filed by the accused-petitioners, who were government employees, under Section 439 Code of Criminal Procedure, 1973 and had been arrested in connection with the F.I.R. registered for the offences punishable under Sections 420, 409, 467, 468, 120-B of Indian Penal Code, 1860. 

The Court prima facie found the accused-petitioners who were government employees were guilty of pilfering various food items received by them for distribution among the economically deprived and rural students of Tribal Sub Plan areas.

In the matter at hand, upon receiving a reliable information; in regards to changing of the packing of various food items, like milk powder etc., which was provided by the State of Rajasthan to Government Schools for free distribution amongst the students in pursuance of various Government Schemes, was being sold in the market; the police searched the house of the co-accused from where a huge quantity of various food items were recovered. During the investigation, neither a valid document nor a license to store the aforementioned items could be shown to the police. Moreover, it was discovered that the items were being procured and purchased from the Government School teachers, in exchange of money.

The accused-petitioners contended that they were falsely being implicated solely on the basis of statements of the co-accused and the offences alleged to have been committed by the accused-petitioners were triable by Court of Magistrate. It was further submitted that the none of the accused-petitioner had any criminal antecedents and the since they were in judicial custody and the trial of the case would take a sufficiently long time , therefore, benefit of bail was to be granted to them.

“The object of launching such welfare schemes by the Government is to encourage students belonging to economically backward or weaker sections of the society or low income families to join and regularly attend school, so that they can become educated enabling them to conquer various challenges faced by them, despite them being members of the lowest rung of the society.” added the Bench.

The Bench opined that the accused-petitioner being government employees were entrusted with the responsibility of popularising various Government Schemes aimed at promoting education among the students of Tribal Sub Plan areas. The accused-petitioners had not only failed to perform the responsibility casted on them for personal gains but had in effect undermined the very object sought to be achieved by these schemes. The accused-petitioner through their acts had cheated the public at large causing huge financial loss to the public exchequer.

In view thereof, the Court dismissed the bail applications, however, clarified that they would be at liberty to file fresh bail applications after filing of challan against them by investigating agency before competent criminal court. It was further made clear that the Court had not entered into the merits of the case and none of the observations would operate prejudicial to the interests of the parties nor would have any bearing on the final verdict by the Trial Court.