Court reject pre-arrest bail plea of KAS officer in corruption case
JKUT (Jammu), August-09-2021-( JNF):- Additional Sessions Judge Anticorruption Jammu Ritesh Kumar Dubey reject the pre-arrest bail plea of KAS officer Asif Amin Chandel who is posted as Block Development officer Changa Tehsil Gandoh District Doda in corruption case.
According to the ACB that a complaint was lodged by Sanjay Kumar elected member of his ward in Panchayat Halqa Chanti (Balla), that he had executed works for the public under MGNREGA using his own material, and labour payment of the said works was made through Bank Account of card holders. When he approached BDO Changa Asif Amin Chandel for release of payment of the completed works and payment of passenger shed under 14 FC, he told him to first talk to the concerned GRS and JE, only then he will release the payment of said works. When he approached the concerned GRS of RDD, he told him to give Rs.12000/- per work as bribe amount without which they would not release the remaining payments as that was their commission. Few days back GRS took Rs. 10,000/- as commission from him, but still refused to perform the works, and asked for pending commission. Similarly, JE Arshad Amin demanded Rs. 17,000/- as bribe for himself for preparing the bill for the work done for passenger shed under 14 FC. BDO concerned and the officials named above still refused to release his genuine payment. Complaint was entrusted to Inspector Mohammad Ashraf, for conducting a secret verification who submitted the report which was found to be in consonance with the allegation leveled in the complaint. As per the complaint and verifying officer, prima facie offences u/sections 7 PC Act, 120-B IPC were made out against the accused, BDO Changa Asif Amim Chandel, GRS Mansoor Ahmed and JE Arshad Amim. FIR No.06/2021 u/sections 7 of PC Act and 120-B IPC, was registered at P/S ACB, (Central), Jammu. A trap was laid. And the accused Arshan Amim JE RDD was caught red handed while accepting bribe of Rs. 17,000/-. He was arrested on the spot. Investigation conducted so far prima facie establishes the involvement of accused Arshad Amim JE (REW) and other co-accused of RDD Block Changa including the applicant. The role of other officer/officials of RDD involved in the process of works/wage payment of MGNRIGA needs to be verified in this money trail including that of the applicant and Mansoor Ahmed GRS. Applicant and GRS are not cooperating with investigation, and are evading arrest on false and frivolous grounds. There is a possibility that both of them will destroy the evidence related to the case. Files related to the works executed by the complainant in the block Changa are yet to be recovered. Investigation of the case is in progress. Accused public servants including the applicant are locals and very influential, and can adversely influence the witnesses, and destroy the evidence. It is apprehended that they will intimidate the complainant and witnesses. Arrest of BDO Changa Asif Amim is urgently required as both the accused are required to be confronted against each other. Grounds taken by the applicants are a subject matter of investigation. Detailed SOP regarding payments for works is required to be collected from the competent authority. Role of applicant has to be examined for which custodial interrogation is required. His custody is required to unearth the modus operandi adopted by him and other accused. Grant of bail to applicant who is a KAS officer, will send a wrong message to the society at large.
Additional Sessions Judge Anticorruption Jammu Ritesh Kumar Dubey while rejecting the bail application, observed that There is no doubt that the prosecution must establish the accusations against the accused. But the interest of investigation as well as the nature of offences must also be given weight equally. And individual interest of liberty needs to be balanced well with public interest also. And in the present case, the weight of public interest is higher than the individual interest of applicant seeking bail in anticipation of arrest. Last but not the least is the fact that the present application is an application for anticipatory bail, and not for a regular bail. And the IO has not got much opportunity till date in view of the medical condition of applicant, to put him to sustained questioning to unearth the scandalous allegations against him and the others. JNF