Allahabad High Court
Rajendra Prasad vs State Of U.P. Thru. Prin. Secy. Home ... on 25 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:49635 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1273 of 2023 Applicant :- Rajendra Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Lko. And Another Counsel for Applicant :- Nalin Arora,Abhishek Misra,Satendra Kumar (Singh) Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
On 26.05.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.107 of 2020 under sections 166/120-B I.P.C. and section 7 P.C. Act, 1988, P.S. Vibhuti Khand, district Lucknow.
2.Heard learned counsel for the applicant and learned A.G.A. for the State.
3. Allegation in the prosecution case is that the applicant and other co-accused persons who were employees and posted in U.P. Subordinate Service Selection Commission (In short, UPSSSC) in gross violation of reservation quota got prepared the select list of candidates who were not eligible for service. It is further alleged that the the accused applicant along with the co-accused have manipulated the selection process according to their whims. It is also alleged that irregularities were committed in the selection process in conducting verification of documents of shortlisted candidates and as such, they have selected the female candidates instead of male candidate(s).
It is submitted on behalf of the applicant that no offence under sections 166 and 34 I.P.C. and 7 P.C. Act is made out against the applicant even if the entire allegation is taken on the face of it.
He further submits that the co-accused Satai Prajapati has been granted interim protection by this court vide order dated 22.2.2023 passed in Anticipatory Bail No.451 of 2023.
Another co-accused Rambabu Yadav has also been granted interim protection vide order passed in Anticipatory Bail No.649 of 2023 (Annexure-15).
One more co-accused Mahesh Prasad has been granted interim protection by Supreme Court vide its order dated 29.3.2023 passed in Special Leave Petition (Crl) No.10875 of 2023 Mahesh Prasad versus The State of U.P. and another.
The applicant's counsel claims parity with orders passed in favour of the co-accused.
It is next submitted that the applicant has cooperated in the investigation. Charge sheet has been filed. He undertakes on behalf of the applicant that the applicant shall cooperate in the trial.
4.Learned A.G.A. has opposed the prayer made by the applicant's counsel. It is submitted that it is not a case of parity. Specific allegation has been made against the applicant.
5.The applicant's counsel while rebutting the objection has invited attention of the court towards Annexures 11 and 12 to the application. It is submitted that a perusal of the information received through R.T.I. shows that the entire story of the first information report is falsified in view of own admission of the UPSSSC in the R.I.T. information dated 17.6.2019.
6. Issue notice to respondent No.2 returnable at an early date.
List on 19.6.2023. In the meantime, objections may be filed.
7.Without expressing any opinion on the merits of the case and considering the nature of accusation and the applicant having no criminal antecedents, the orders passed by this court, coordinate Bench of this court as also the order passed by Supreme Court referred to above, the R.T.I. information, undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
7.In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 26.05.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
(Subhash Vidyarthi J.) Order Date :- 25.7.2023 A.Nigam