Allahabad High Court
Shiv Lal Yadav vs State Of U.P. on 25 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:12964 Court No. - 76 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14683 of 2023 Applicant :- Shiv Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Sri Brijesh Pratap Singh, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off.
2. Heard Sri Ashutosh Kumar Singh, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State.
3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 94 of 2023, under Sections 409, 467, 468, 471 IPC, Police Station Birno, District Ghazipur with a prayer to enlarge him on anticipatory bail during trial.
4. FIR of the present case was lodged against village Pradhan, Gram Panchayat Sachiv and the then Technical Officer and according to the FIR nominated accused persons misappropriated the government money with regard to the work done in the village.
5. Learned counsel for the applicant submits that applicant was not named in the FIR but during investigation being Technical Assistant he was made accused in the present matter. He further submits that even from the perusal of the bail rejection order, it reflects that main accused are village Pradhan and Gram Panchayat Sachiv.
6. He further submits that Gram Panchayat Sachiv Smt. Kumud Srivastava has already been enlarged on anticipatory bail by this Court vide order dated 18.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 14613 of 2023.
7. He further submits that being Technical Assistant applicant was not having any concerned with the alleged forgery and fraud and entire responsibility was of village Pradhan and Gram Panchayat Sachiv.
8. He further submits that applicant is not having any criminal history and investigation of the case is still pending and police is continuously trying to arrest the applicant.
9. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the fact that from the record, it reflects that entire responsibility of alleged work was of village Pradhan and Gram Panchayat Sachiv. He further could not dispute the fact that Gram Panchayat Sachiv has already been enlarged on anticipatory bail.
10. I have heard learned counsel for the parties and perused the record of the case.
11. From the record, it reflects that applicant was not named in the FIR and during investigation he was made accused. It further reflects that he was Technical Assistant and from the bail rejection order, it reflect that in Parcha no.12 of the case diary, the Investigating Officer specifically noted that for the alleged work responsibility was of village Pradhan and Gram Panchayat Sachiv.
12. Further, Gram Panchayat Sachiv Smt. Kumud Srivastava has already been released on anticipatory bail by this Court vide order dated 18.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 14613 of 2023.
13. Further, applicant is not having any criminal history and apprehension of arrest raised by the applicant cannot be completely brushed aside.
14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial.
15. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.
16. In the event of arrest of the applicant- Shiv Lal Yadav involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions:-
i. that the applicant shall make himself available for interrogation by a police officer as and when required;
ii. that 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 or tamper with the evidence;
iii. that the applicant shall not leave India without previous permission of the court;
iv. that the applicant shall not tamper with the evidence during the trial;
v. that the applicant shall not pressurize/ intimidate the prosecution witness;
vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
17. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.
18. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 25.1.2024 AK Pandey