The Chhattisgarh High Court granted anticipatory bail to the Assistant Director of Horticulture for the complaint raised on non-depositing of GST to the Central and State governments.
Nidhan Singh Kushwaha, the applicant filed an application under Section 438 of the Code of Criminal Procedure for a grant of anticipatory to the applicants, who are apprehending their arrest in connection with a Crime registered at Police Station Mahasamund, District Mahasamund (CG) for the offence under Sections 409, 420, 120B, 34 of the Indian Penal Code (IPC).
RS Verma, Incharge Assistant Director (Horticulture), District Mahasamund lodged an FIR based on an enquiry report submitted by the concerned Department on the complaint of Parliament Secretary namely Mr Vinod Sevan Lal Chandrakar against applicant – Nidhan Singh Kuchwaha, the then Assistant Director (Horticulture), Jignesh Patel, Proprietor of M/s.Kishan Agrotech and Mr Satish Jindal (applicant), Proprietor of M/s. Jai Gurudev.
It was alleged that for the construction of 17 Shed Net Houses/Green House and 66 Pack House/Poly House, under the National Agriculture Development Scheme sponsored by the NABARD, a subsidy amount to the tune of Rs.107.178 lakhs was withdrawn irregularly.
The concerned farmers produced vouchers regarding the grant of payment in respect of firm – M/s. Kishan Agrotech. However, it was alleged that though the bill about the above payment was passed by the applicant – Nidhan Singh Kushwaha, the payment was made to the Proprietor (Satish Jindal – applicant) of another firm i.e. M/s. Jai Gurudev.
On enquiry, it was found that for a single farmer, only one net house was constructed and that too by two firms and thereby, the applicants’ in a fraudulent manner, committed irregularity by not depositing GST in the account(s) of the Central and State Governments.
It was submitted that the applicants have not caused any loss to the Government and its beneficiaries. They would further submit that for the construction of only one shed, a subsidy was given, which was directly deposited in the beneficiaries’ accounts and thereafter, the beneficiaries placed the order to the concerned firms.
Further submitted that in the entire complaint and FIR, there was no allegation as to how much loss has been caused and in what manner, the present accused has defrauded the State or its beneficiaries.
A Single Judge bench comprising Justice Deepak Kumar Tiwari the bail applications and directed that in the event of arrest of the applicants, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- with one surety each in the like sum to the satisfaction of the arresting officer.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
