Allahabad High Court
Yogendra Upadhyay (Lekhpal) vs State Of U.P. on 10 February, 2023
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 820 of 2023 Applicant :- Yogendra Upadhyay (Lekhpal) Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari,Gaurang Dwivedi Counsel for Opposite Party :- G.A.,Atul Kumar Singh Hon'ble Vipin Chandra Dixit,J.
Heard Sri I.K. Chaturvedi, learned Senior Advocate assisted by Sri Gaurang Dwivedi, learned Counsel for applicant, learned A.G.A for the State as well as Sri Atul Kumar Singh, learned counsel for the complainant and perused the record.
This anticipatory bail application has been filed by the applicant seeking anticipatory bail in Complaint Case No.10451 of 2022 under Sections 420, 467, 468, 471 IPC, Police Station Tundla, District Firozabad.
It is submitted by the learned Senior Advocate appearing for the applicant that the applicant is 'Lekhpal' and presently posted in Tehsil Tundla, District Firozabad. The complaint under Section 156(3) Cr.P.C. has been filed by Balram Singh Yadav, Advocate on incorrect facts alleging that his wife Smt. Santosh Yadav is co-tenure holder of Gata No.463/1 area 0.406 hectare and Gata No.463/3 area 1.20 hectare situated at Village Mohammdabad, Tehsil Tundla, District Firozabad and applicant has deliberately not mentioned the details of hotel, temple, dharamkanta and abadi etc. in the copy of khasra received on 2.3.2021 of Fasli year 1428. Learned CJM, Firozabad vide order dated 23.3.2021 had called a report from Sub Divisional Magistrate, Tundla who has submitted a report dated 13.9.2021 to the effect that the Khasra issued by the applicant being a public servant following the official responsibility and as per sections 55 to 102 of U.P. Land Records Manual, and since the khasra of present fasli year was required on 2.3.2021, which was filled up to the column no.1 to 12 as per rules and other columns were filled up in between 1st May to 31st May. It is further pointed out that applicant has not committed any wrong act. The learned Magistrate has summoned the applicant vide order dated 1.8.2022 without considering the report of Sub Divisional Magistrate,Tundla dated 13.9.2021. The applicant is a Government servant and no offence has been committed by him, the learned CJM had committed gross illegality in summoning the applicant. Lastly, it is submitted that the applicant undertakes to co-operate in the proceedings of complaint. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail.
Learned AGA as well as learned counsel for the complainant opposed the application for anticipatory bail but not disputed that the report submitted by the Sub Divisional Magistrate, Tundla was not properly considered by the learned Chief Judicial Magistrate while summoning the applicant.
In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
The anticipatory bail application is allowed.
Let the applicant Yogendra Upadhyay shall be released on anticipatory bail during pendency of complaint, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i) The applicant shall appear before the learned Magistrate on each and every date, unless his presence is exempted and shall not seek any unnecessary adjournment and cooperate in the proceedings of complaint case;
(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 him/her/them from disclosing such facts to the Court.
In default of any of the conditions, the concerned Court shall be at liberty to cancel the anticipatory bail granted to the applicant.
Order Date :- 10.2.2023 P.P.