Allahabad High Court
Smt. Rambeti vs State Of U.P. on 14 February, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1492 of 2023 Applicant :- Smt. Rambeti Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Kumar Singh,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard Sri H.N.Singh, learned Senior Advocate, assisted by Sri Arvind Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Smt.Rambeti with a prayer to release her on bail in Case Crime No.171 of 2021, under Sections 420, 409 I.P.C., P.S. Gunnaur, District Sambhal during pendency of the trial.
It is alleged in the FIR that applicant was Ex-pradhan of the village and in preliminary inquiry she found embezzled amount of Rs.3,65,569/-. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant in capacity of Pradhan carried forward various proposals of the Government schemes and done work in village and he further argued that present FIR lodged on enquiry report submitted by Deputy Agriculture Director in command of District Magistrate, Sambhal order dated 03.12.2019 and in view of Rules 256 and 257 of 1947 Rules District Magistrate has no power to direct and to set up enquiry. The Chief Audit Officer has power to set up enquiry against the Pradhan and lodging report is against the judgment and order passed by the Division Bench of this Court vide order dated 16.12.2020 in Dinesh Kumar and 4 others vs. State of U.P. & 4 others. Moreover, various work have been done in the village. Against the order of the District Magistrate there is provision to file appeal. The present dispute is purely civil in nature and lodging FIR is only to harass the applicant. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 12.12.2022 and in case she is enlarged on bail she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant and argued that the present FIR has been lodged after enquiry conducted by competent authority and there is no illegality in lodging FIR against the applicant and applicant has embezzled the amount.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Smt.Rambeti, who is involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 14.2.2023 SKD