Allahabad High Court
Amreshwar Singh vs State Of U.P. And 2 Others on 19 November, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50494 of 2019 Applicant :- Amreshwar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kaustubh Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kandarp Srivastava, learned counsel for the applicant, and Sri G.P. Singh, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No. 45A of 2006, under section 409, 419, 420, 467, 468, 471, 477A, 201, 218, 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station Sikandarpur, District Ballia, during the pendency of trial.
Learned counsel for the applicant has argued that applicant was Block Development Officer at the relevant time. General allegations have been made against him in respect of being involved in conspiracy of embezzlement of an amount of Rs. 20,2168.5/- in cash and food grain worth Rs.17,15,185/- of Sampurna Grameen Rozgar Yojna of Government of India. The applicant had discharged his duties with utmost honesty and no involvement in embezzlement or forgery or cheating was found against him.
F.I.R. has been lodged against 123 persons including the accused-applicant. Large number of co-accused have already been granted relief of not being arrested till the submission of police report under section 173 (2) Cr.P.C by different Benches of this Court and their orders are annexed at pages-35 to 41. The case of the accused-applicant is at par with those accused. The accused has unblemished career hence he has claimed parity. In case the applicant is released on bail he will not misuse the liberty of bail. The operation of the said scheme was initiated between 2002 to 2005 and in the year 2006 several F.I.Rs. were lodged against several I.A.S. and P.C.S. Officers.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Amreshwar Singh involved in Case Crime No. 45A of 2006, under section 409, 419, 420, 467, 468, 471, 477A, 201, 218, 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station Sikandarpur, District Ballia, he shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. Concerned.
In default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 19.11.2019 A.P. Pandey