Allahabad High Court
Amar Singh vs State Of U.P. on 1 February, 2010
Author: Arvind Kumar Tripathi
Bench: Arvind Kumar Tripathi
Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35710 of 2009 Petitioner :- Amar Singh Respondent :- State Of U.P. Petitioner Counsel :- Virendra Prakash Respondent Counsel :- Govt Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned counsel for the complainant/opp. party Mr. Ashok Mehta and perused the record.
Learned counsel for the applicant submitted that the complainant is not an officer of the Central Government. In fact, there is a Pulse Polio Scheme, jointly sponsored by the World Health Organization (WHO) and Government of India. The informant was the superior officer. Since there was some irregularities and misappropriation of the amount and harassment of the employees. Hence, complaint was made against certain officers, including the complainant. Due to that reason, on the basis of false allegation, a First Information Report was lodged. The applicant was a driver, he was harassed and was removed from service. Thereafter the First Information Report was also lodged. There was delay in lodging the First Information Report. However, he is in jail since 04.12.2009. The aforesaid prayer was strongly opposed by the learned A.G.A. and counsel for the complainant. It was submitted that in fact, the applicant was driver, he was creating hindrance in the Pulse Polio Scheme and the departmental action was taken against him and he was removed. When the informant was staying there, he was assaulted by him, hence he is not entitled for bail.
In view of the aforesaid fact without observation on merit let the applicant be released on bail in Case Crime No. 1097/2009 under Sections 386, 332, 323, 506, 452 of I.P.C. P.S. Kotwali, District-Mathura on his furnishing personal bond and two sureties of the like amount, to the satisfaction of the court concerned, on the following conditions, firstly that he will not tamper with the evidence and secondly he will not visit or interfere in any of the Pulse Polio Scheme unless he is authorized or appointed by the department. If, there is violation of condition the bail can be cancelled by the court concerned itself.
Order Date :- 1.2.2010 SKG