Allahabad High Court
Ashok Kumar Singh-Ii vs State Of U.P. Thru. Prin. Secy. Home ... on 17 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:54516 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1475 of 2022 Applicant :- Ashok Kumar Singh-Ii Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt Lko. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Sri Ashok Kumar Singh, the learned counsel for the applicant as well as Sri Rao Narendra Singh, the learned A.G.A.-I for the State are present.
2. On 08.09.2022, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"Heard Sri Mukesh Sharma, Advocate holding brief of Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Rao Nagendra Singh, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicant Ashok Kumar Singh-II under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 01 of 2014 for offence punishable under Sections 409, 120-B of the Indian Penal Code, and Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, registered at Police Station- Gomti Nagar, District- Lucknow till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge/Special Judge PC Act, Court No. 2, Lucknow vide order dated 21.09.2021.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant and other suppliers accepted the rates fixed by the Joint Purchase Committee of the Department and apply to offered to supply the pink sand stone and a work order was issued in favour of the applicant. It is further submitted that applicant has supplied the material at the rate fixed by the Joint Purchase Committee without any complaint or allegation regarding quantity or equality of the material.
It is further submitted that no offence against the applicant is made out under Section 409 and 120-B of the I.P.C. The applicant was not involved any decision making process nor participated in any meeting held by the officials for purchase of pink sand stones. It is further submitted that there is no evidence to show that the applicant had entered into any criminal conspiracy with the officials of the Government.
It is further submitted that co-accused Akhilesh Kumar Singh, Abdul Hameed Ansari and Ram Aasare and having similar role has already been granted bail by Coordinate Benches of this Court in Criminal Misc. Bail Anticipatory Bail Application Nos. 220 of 2022, 305 of 2022 and 472 of 2022 and vide orders dated 16.02.2022, 25.2.2022 and 28.3.2022.
It is further submitted that the applicants is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.
Learned A.G.A. may file counter affidavit within two weeks.
Rejoinder affidavit, if any, may be filed within one week thereafter.
List on 30.09.2022.
In case of arrest, the applicant, Ashok Kumar Singh-II is directed to be enlarged on anticipatory bail till the hearing of the present application in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order."
3. The State has filed a counter affidavit but nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
4. The applicant has filed a rejoinder affidavit annexing therewith a copy of an order dated 25.07.2022 passed by this court in a bunch of similar application being lodged by criminal Misc. Anticipatory Bail Application No. 10048 of 2021 whereby anticipatory bail of 46 similar situate persons have been allowed.
5. The learned A.G.A. could not point out any violation of the conditions of interim anticipatory bail committed by the applicant
6. In view of above, the interim order dated 08.09.2022 is made absolute and the anticipatory bail application is allowed. In case the applicant has not furnished the bail bonds till date, he will appear before the trial court and furnish bail bonds within a period of two weeks from today.
(Subhash Vidyarthi,J.) Order Date :- 17.8.2023 Preeti.