Allahabad High Court
Arjun Ram vs State Of U.P. And Another on 23 May, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:113261 Court No. - 49 Case :- APPLICATION U/S 482 No. - 19028 of 2023 Applicant :- Arjun Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Santosh Kumar Shukla, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. This application under section 482 Cr.PC has been filed challenging the Charge Sheet No. 15A of 2019 dated 7.1.2021 submitted in Case Crime No. 20 of 2006 under Sections 409, 420, 467, 468, 471, 477A, 120B/34 I.P.C. and Section 13 (2) Prevention of Corruption Act, Police Station-Haldi, District-Ballia as well as the Cognizance Taking Order dated 19.4.2023 passed by Special Judge (Prevention of Corruption Act) Ist, Varanasi in Special Trial No.07 of 2019 (State of U.P. Vs. State of U.P. Vs. Ram Murti Ram and Others).
4. At the very outset, it is submitted by the learned A.G.A. that co-accused namely (i) Rajeev Kumar Singh approached this Court by means of the application under Section 482 Cr.P.C. No. 16775 of 2023 (Rajeev Kumar Singh Vs. State of U.P and another) but this Court declined to entertain the application vide order dated 5.5.2023. The same is accordingly reproduced hereinunder:-
"1. Heard Mr. Sunil Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. This application under section 482 Cr.PC has been filed challenging the Charge Sheet No. 9 of 2019 dated 10.02.2020 submitted in Case Crime No.42A of 2006 under Sections 409, 420, 467, 468, 471, 477a, 120B/34 I.P.C. and Section 13 (2) Prevention of Corruption Act, Police Station-Sukhpura, District-Ballia as well as the Cognizance Taking Order dated 31.05.2022 passed by Special Judge (Prevention of Corruption Act) Ist Varanasi in Special Trial No. 632 of 2022 (State of U.P. Vs. Ram Murti and others) on the aforementioned charge-sheet.
4. At the very out set, the learned counsel for applicant has placed before the Court the order dated 24.02.2023 passed by His Lordship, Hon'ble Mr. Justice Dinesh Kumar Singh in Application U/S 482 Cr.P.C. No. 19369 of 2020 (Arjun Ram Vs. State of U.P. and another) alongwith connected matters.
5. Learned counsel for applicant submits that the issue involved in present application is similar and identical to the issue involved in aforementioned criminal misc. application alongwith connected applications. He has then invited the attention of Court to the recital contained in paragraph 23 of the judgement placed before this Court and on basis thereof, he pleads innocence of applicant. On the above premise, he submits that similar order be passed in the case of present applicant also.
6. Per contra, the learned A.G.A. has opposed this application. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant that case of present applicant is also covered by the judgement and order dated 24.02.2023 as noted above.
7. In view of above, prayer prayed for by means of present application is refused.
8. However, applicant is permitted to furnish his bail bond and two sureties each in the like amount to the satisfaction of the trial Court concerned by 24.05.2023, on which he shall be enlarged on bail.
9. With the aforesaid observation, this application is finally disposed of "
5. It is further submitted by the learned A.G.A. that another co-accused namely (ii) Rajesh Pandey approached this Court by means of the application under Section 482 Cr.P.C. No. 16778 of 2023 (Rajesh Pandey Vs. State of U.P and another), but this Court declined to entertain the application vide order dated 5.5.2023. The same is accordingly reproduced hereinunder:-
"1. Heard Mr. Sunil Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. This application under section 482 Cr.PC has been filed challenging the Charge Sheet No. 9B of 2019 dated 14.05.2022 submitted in Case Crime No.42A of 2006 under Sections 409, 420, 467, 468, 471, 477a, 120B/34 I.P.C. and Section 13 (2) Prevention of Corruption Act, Police Station-Sukhpura, District-Ballia as well as the Cognizance Taking Order dated 18.06.2022 passed by Special Judge (Prevention of Corruption Act) Ist Varanasi in Special Trial No. 632 of 2022 (State of U.P. Vs. Ram Murti and others) on the aforementioned charge-sheet.
4. At the very out set, the learned counsel for applicant has placed before the Court the order dated 24.02.2023 passed by His Lordship, Hon'ble Mr. Justice Dinesh Kumar Singh in Application U/S 482 Cr.P.C. No. 19369 of 2020 (Arjun Ram Vs. State of U.P. and another) alongwith connected matters.
5. Learned counsel for applicant submits that the issue involved in present application is similar and identical to the issue involved in aforementioned criminal misc. application alongwith connected applications. He has then invited the attention of Court to the recital contained in paragraph 23 of the judgement placed before this Court and on basis thereof, he pleads innocence of applicant. On the above premise, he submits that similar order be passed in the case of present applicant also.
6. Per contra, the learned A.G.A. has opposed this application. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant that case of present applicant is also covered by the judgement and order dated 24.02.2023 as noted above.
7. In view of above, prayer prayed for by means ofpresent application is refused.
8. However, applicant is permitted to furnish his bail bond and two sureties each in the like amount to the satisfaction of the trial Court concerned by 24.05.2023, on which he shall be enlarged on bail.
9. With the aforesaid observation, this application is finally disposed of"
6. In view of above, the prayer made for by means of present application is refused.
7. However, applicant is permitted to furnish his bail bond and two sureties each in the like amount to the satisfaction of the trial Court concerned by 13.6.2023 on which he shall be enlarged on bail.
8. With the aforesaid observation, this application is finally disposed of.
Order Date :- 23.5.2023 Arshad