Allahabad High Court
Kameshwar Kumar Mishra vs State Of U.P. And Another on 2 August, 2023
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2023:AHC:154981 Reserved on 28.07.2023 Delivered on 02.08.2023 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26328 of 2023 Applicant :- Kameshwar Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Tripathi,Amal Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
2. The present bail application has been filed by the applicant in case crime No. 215 of 2023, under Section 419, 420, 120-B IPC, Section 66, 66-C of Information Technoloty Act and Section 29, 7, 8, 13 of Prevention of Corruption Act, police station Khalilabad, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail.
3. According to prosecution version, the Circle Officer, Khalilabad, district Sant Kabir Nagar has conducted an inquiry in pursuance of the order of the S.P., Sant Kabir Nagar. During inquiry, it was found that in verification of the applications for passport, regarding 101 applications the concerned police have given negative reports but co-accused HC Manoj Kumar Patel, who was looking after the passport related work, has changed the said reports of the police stations. From January, 2022, said HC Manoj Kumar Patel was posted in L.I.U. branch, Mehdawal Beet but he continued to visit the passport cell and he was aware about the district level ID password and he continued to change the police reports from "not cleared" to "clear". On 12.04.2022 S.I. Kameshwar Mishra (applicant) was posted in passport cell and in connivance with the said HC Manoj Kumar Patel, he also continued the process of changing the police reports. HC Manoj Kumar Patel has obtained Rs. 3,000/- from one Virendra Yadav for submitting favourable report and out of that amount Rs. 1,000/- was given to S.I. Kameshwar Mishra (applicant). It was alleged that by knowing the district level ID password, the applicant in connivance with HC Manoj Kumar Patel, indulged in corruption by changing the police reports in verification of the passport applications. On the basis of said facts, the first information report was registered on 07.03.2023 against S.I. Kameshwar Mishra (applicant), HC Manoj Kumar Patel and Virendra Yadav. It appears that during investigation, on the basis of statement of constable Satya Prakash Yadav, it was revealed that several persons, who have applied for passport, have submitted false and fictitious addresses and produced false documents of their addresses.
4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. There is no credible evidence against the applicant. It was submitted that from cyber cell IPDR report, passport PV request ID link-up brief along with analysis chart, it is clear that on several dates, co-accused HC Manoj Kumar Patel has cleared the reports from different locations. The FIR of this case was said to be lodged on the basis of inquiry report but there is nothing to show that when this inquiry was initiated and when it was concluded. The main allegation of changing the Part-A reports of police stations has been levelled against co-accused HC Manoj Kumar Patel. The said co-accused HC Manoj Kumar Patel was doing of verification work relating to passport from the year 2015, whereas, applicant was posted there in April, 2022. The dongle was being operated by co-accused HC Manoj Kumar Patel, constable Rahul Singh, constable Vijay Singh. When applicant was posted in passport cell on 12.04.2022, at the same time, constable Satya Prakash Yadav was also posted there. After posting of applicant in the said cell, co-accused HC Manoj Kumar Patel used to visit the office for teaching the passport related work and online work, to the newly posted employees and during that process he used to open online work website. The reports regarding 19 passports of the year 2021 are alleged to be changed by co-accused HC Manoj Kumar Patel and at that time applicant was not posted there. Further, the dongle and the ID is in the name of Nodal Officer of the passport cell. Referring to the facts of the matter, it was submitted that there is no credible evidence against the applicant. It was further submitted that in the instant matter, there is no evidence to show that applicant has demanded or accepted any illegal gratification and thus, no offence under the Prevention of Corruption Act is made out against the applicant. In support of his contentions, learned counsel has placed reliance upon the case of Neeraj Dutta v. State (Government of NCT of Delhi), 2023(4) SCC 731. Lastly, it was submitted that the applicant is in judicial custody since 01.05.2023, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
5. Learned A.G.A. has opposed the prayer for bail and argued that there are serious allegations against the applicant. It was stated that on the direction of S.P., Sant Kabir Nagar, an inquiry was conducted, wherein, it was found that applicant and co-accused persons were indulging in changing of police reports in respect of applications of passport and they were indulging in corruption. The FIR was lodged on the basis of said inquiry report and after registration of case, matter was investigated and charge-sheet has been submitted against the applicant on 01.05.023.
6. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
7. Let the applicant Kameshwar Kumar Mishra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
i. The applicant will not tamper with the evidence during trial.
ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
8. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law.
Order Date :- 02.8.2023 Anand