Allahabad High Court
Suresh Chandra Upadhyay vs State Of U.P. on 30 September, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
1. Heard Shri Shamshad Ahmad Khan, learned counsel for the applicant, Shri Aniruddh Singh learned A.G.A. for the state and perused the record.
2. This application for Anticipatory Bail has been filed on behalf of applicant in Case Crime No. 753 of 2004, under Sections 177A, 409, 420, 467, 468, 471, 120B, I.P.C. and Section 13(1) (d) r/w 13(2) P.C. Act, 1988, P.S. Hazratganj, District Lucknow.
3. Learned counsel for the applicant submitted that on the written complaint of Mr. R.C. Rajak, Accounts Officer the F.I.R. as Case Crime No. 753 of 2004 (supra) was lodged on 01.11.2004 against seven persons namely Alakh Narayan Srivastava, Surya Prakash, Ramesh Prasad Srivastava, Deenbandhu Dwivedi (Assistant Accounts Officer), Govind Ram Agrawal (Senior Finance & Accounts Officer), S.C. Upadhyay [Finance Controller (applicant)] and Ajeet Kumar (Assistant Engineer). He further submitted that in the F.I.R. it is alleged that the accused persons disbursed Housing Loan on the fabricated and forged document and the investigation was conducted but without examining the role of the applicant in disbursing the Housing Loan, the investigating agency prepared the charge sheet and obtained the sanction order from the Additional Chief Secretary (appended as annexure No. 3) dated 20.05.2019.
4. Learned counsel for the applicant further submitted that in the identical matter no incriminating evidence was found against the applicant, therefore, the Inspector General of Police, Economic Offences Wing(Special Cell), U.P. submitted a report dated 12.09.2006 and departmental proceeding was initiated against the applicant and he further submitted that applicant co-operated in the investigation and now, the Investigating Agency is trying to arrest the applicant in pursuance of the earlier order dated 31.07.2019
5. In pursuance of the earlier order dated 31.07.2019, the State counsel was directed to file an affidavit giving status of the investigation, the counter affidavit was filed dated 09.08.2019 which is duly sworn by Deputy Superintendent of Police, Economic Offences Wing and categorically stated that incriminating evidence are found during the course of investigation against the applicant and other accused persons and charge sheet has been filed against the accused Govind Ram Agarwal, Deen Bandhu Dwivedi, Praveen Chandra Sinha and the State Government has sanctioned the prosecution vide order dated 20.05.2019 to prosecute the applicant and the applicant is also involved in other 35 cases and the departmental proceeding has been recommended in 35 cases and in the present case the charge sheet is ready and the applicant is not cooperating with the Investigating Officer.
6. Considering the facts and circumstances of the case, it is evident that the aforesaid Case Crime was registered against the applicant by Shri R.C. Rajak (Accounts Officer) as the applicant was Finance Controller when the loan was disbursed on the basis of forged documents and incriminating evidence was found against him, as a result, the charge sheet was prepared and it is duly approved by the authorities by giving a sanction order but he is not cooperating with the Investigating Agency.
7. Considering the facts and circumstances of the case, the application for anticipatory bail fails and the same is rejected.