Allahabad High Court
Gurvinder Singh @ Gurbinder Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47849 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7563 of 2023 Applicant :- Gurvinder Singh @ Gurbinder Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jalaj Kumar Gupta Counsel for Opposite Party :- G.A.,Dr V K Singh,Dr. V.K. Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Jalaj Kumar Gupta, the learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. appearing on behalf of the State as well as Sri Bhanu Pratap Singh, Advocate holding brief of Dr. Vijya Kumar Singh, learned counsel for the informant, and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0501 of 2022, under Sections 419, 420, 120-B, 409 I.P.C., registered at Police Station Ashiyana, District Lucknow.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2022 against one Upendra Bahadur alias Upendra Singh and employees of M/s Sai Nath Associates, stating that earlier an F.I.R registered as Case Crime No. 329 of 2022 was lodged on 04.07.2022 against the named accused Upendra Singh, who runs M/s Sai Nath Associates, an agency which provides employees on out sourcing basis to Babasaheb Bhimrao Ambedkar University. The F.I.R dated 04.07.2022 states that the named accused had committed illegalities in payment of salary to out sourced employees engaged through them and he had submitted a fake bank transaction sheet falsely showing payment of salary to the employees.
4. After investigation, the Investigating Officer has submitted a charge-sheet in the aforesaid case against the sole named accused person. The F.I.R dated 21.10.2022 states that during investigation of the first F.I.R, it came to light that the bank transaction sheet, on the basis whereof the first F.I.R had been lodged, had been changed by some persons in the records of the university. The F.I.R states that it appears that this act has been committed in the store room of finance department of the university and an inquiry against the employees of the concerned department was in progress.
5. In the statement of the informant, namely, Registrar of the university, recorded under Section 161 Cr.P.C, he reiterated the F.I.R version. However, in his additional statement, he stated that an inquiry committee had found that the named accused Upendra Bahadur Singh has got the bank transaction sheet changed in connivance with the applicant and one Ravi Shankar Kumar.
6. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history.
7. The learned A.G.A. has produced the relevant extract of case diary wherein it is recorded that the inquiry committee report has expressed a suspicion that the bank transaction sheet might have been changed by three persons, one of whom is the applicant.
8. The learned counsel for the informant has vehemently opposed the application.
9. Having considered the aforesaid facts and circumstances of the case, what prima facie appears is that primarily the allegation against the sole named accused was that he has committed illegality in payment of salary to out source employees engaged in university and has produced the forged bank transaction sheet. Later on, it came to light that the transaction sheet in question had been changed from the records of the university. An inquiry committee of a university has expressed suspicion that the applicant could also be involved in changing the transaction sheet, besides two other persons. At this stage, it appears that the applicant has been implicated in the present case merely on the basis of suspicion. The co-accused Ravi Shankar Kumar, against whom similar allegations have been levelled, has been granted anticipatory bail by this Court by means of order dated 19.07.2023 passed in Criminal Misc. Anticipatory bail Application No. 1601 of 2023.
10. Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be released on anticipatory bail.
11. Accordingly, the anticipatory bail application is allowed. In the event of arrest/ appearance of applicant- Gurvinder Singh alias Gurbinder Singh before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(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 pressurize/ intimidate the prosecution witness;
12. In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this order.
(Subhash Vidyarthi, J.) Order Date :- 21.7.2023 A.Nigam