Allahabad High Court
Ram Prasad vs State Of U.P. on 22 December, 2022
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55545 of 2021 Applicant :- Ram Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Kumar Shukla,Udayan Nandan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Udayan Nandan, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Ram Prasad, seeking enlargement on bail during trial in connection with Case Crime No.44 of 2006, under Sections 420, 467, 468, 471, 477A, 120-B IPC and 13(D) and 13(2) Prevention of Corruption Act, 1988, P.S. Dumariyaganj, District Siddharthnagar.
The prosecution case as per FIR lodged on 25.2.2006 naming the applicant and 35 other accused persons is that some persons have wrongly been given old age pension. All the accused persons conspired together and were found involved in the matter of grant of old age pension. The documents were then submitted to the S.D.M. concerned who after examining it, sanctioned the pension to the said persons.
Learned counsel for the applicant argued that the applicant was posted as Lekhpal of Tehsil Dumariyaganj and general and omnibus allegations have been levelled against all the accused persons. There is no specification of the role of any of the accused persons. In so far as the applicant is concerned, although FIR was lodged in the year 2006 but the investigation was concluded in the year 2021 which is after about fifteen years and then charge sheet was submitted against the applicant on 29.11.2021, copy of the same is annexed as S.A-2 to the supplementary affidavit dated 23.5.2022 on which the court concerned has taken cognizance and summoned the applicant to face trial. It is argued that co-accused Shabih Haider Siddiqui has been granted anticipatory bail vide order dated 25.3.2022 passed by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1739 of 2022, copy of the said order is annexed as S.A-3 to the supplementary affidavit dated 23.5.2022. It is further argued that co-accused Moti Lal has been granted bail by the trial court vide order dated 7.1.2021, copy of the said order is annexed as S.A-1 to the supplementary affidavit dated 25.1.2022. It is argued that since the investigation has concluded and charge sheet has been submitted on which cognizance has been taken and the applicant has been summoned, there are no chances of the applicant now tampering with the evidence. It is further argued that during the pendency of investigation, the applicant cooperated in investigation. The applicant is aged about 66 years and suffering from various old age diseases, para 18 of the affidavit filed in support of bail application has been placed before the Court. It has also been pointed out that the applicant is not having any criminal history. The applicant is in jail since 23.11.2021.
Per contra learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised by learned counsel for the applicant.
After hearing the counsel for the parties and perusing the record, it is evident that the FIR of the present case was lodged in the year 2006 after which the investigation was concluded in the year 2021. The co-accused Shabih Haider Siddiqui has been granted anticipatory bail by coordinate Bench of this Court and co-accused Moti Lal has been granted bail by trial court.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant-Ram Prasad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
(Samit Gopal, J.) Order Date :- 22.12.2022 Gaurav