Allahabad High Court
Ram Rekha Singh vs State Of U.P. And Another on 29 May, 2024
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2024:AHC:97562 Court No. - 79 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2567 of 2024 Applicant :- Ram Rekha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Pandey,Dinesh Kumar Kashyap Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
On the matter being taken up, no one appears on behalf of the applicant to press this application whereas learned A.G.A. representing the State is present.
This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant before this Court seeking Anticipatory Bail in Case Crime No. 40A of 2006, under Sections 409, 420, 467, 468, 471, 201, 120B, 34 IPC and Section 13(2) of Prevention of Corruption Act, Police Station Nagra, District Ballia.
On 15.05.2024, following order was passed by this Court :
"1-During the course of argument, it is submitted by learned counsel for the applicant that as per the prosecution case, incident took place between 2002 and April,2005 whereas the applicant was posted on the post of Block Development Officer, Block Nagra, District Ballia and remained there from 15.07.2005 to 26.12.2005. In this regard, an averment has been made in paragraph no. 11 of the affidavit.
2-On the other hand, learned A.G.A., upon instructions, submits that the applicant was posted as Block Development Officer, Block Nagra, District Ballia from 17.07.2004 to 25.04.2005. It is also pointed out that in paragraph no. 16 of the affidavit, it is mentioned that the applicant has no criminal history whereas the applicant is having criminal history of ten cases (including the present case).
3-Learned counsel for the applicant prays for and is allowed five days' time to file supplementary affidavit bringing on record the posting order of the applicant with regard to submission made in paragraph no. 11 of the affidavit.
4-List this case on 22.05.2024 as fresh."
Thereafter, on 22.05.2024, following order was passed by this Court :
"On the matter being taken up, learned counsel for the applicant prays for and is allowed two days' time to file affidavit in compliance of order dated 15.05.2024.
List this case on 29.05.2024 as fresh."
Learned Additional Government Advocate representing the State submits that pursuant to orders dated 15.05.2024 and 22.05.2024, no affidavit has been filed by the applicant. On account of non-cooperation of the applicant during investigation, non-bailable warrant was issued on 15.12.2023 against him by the Court concerned. The investigation in the matter has been completed and sanction for prosecution of the applicant has also been granted on 20.06.2023. As on date, there is no material on record to presume the false implication of the applicant. Considering the prosecution case, offence is made out against the applicant. Criminal history of 10 cases, including this case, as pointed out by learned A.G.A. are as under:
1. Case Crime No. 40A of 2006, under Sections 409, 420, 467, 468, 471, 201, 120B, 34 IPC and Section 13(2) of Prevention of Corruption Act, police station Nagra, district Ballia,
2. Case Crime No. 6082 of 2006, under Sections 120B, 201, 218, 34, 341, 409, 419, 420, 467, 468, 471 IPC, police station Ubhaon, district Ballia,
3. Case Crime No. 0066 of 2006, under Sections 120B, 201, 218, 34, 409, 419, 420, 467, 468, 471 IPC, police station Bairiya, district Ballia,
4. Case Crime No. 05 of 2022, under Section 174A IPC, police station Rasra, district Ballia,
5. Case Crime No. 51 of 2020, under Section 409 IPC, police station Rasra, district Ballia,
6. Case Crime No. 54 of 2022, under Section 174A IPC, police station Nagra, district Ballia,
7. Case Crime No. 55 of 2020, under Section 409 IPC, police station Nagra, district Ballia,
8. Case Crime No. 30 of 2007, under Sections 120B, 409, 417, 418, 419, 420, 467, 468 IPC, police station Rasra, district Ballia,
9. Case Crime No. 66B of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B IPC and Section 34 IPC, police station Bairiya, district Ballia,
10. Case Crime No. 40B of 2006, under Sections 409, 420, 467, 468, 471, 201, 120B, 34 IPC and Section 13(2) of Prevention of Corruption Act, police station Nagra, district Ballia.
This Court is of the view that object of Section 438 of the Code of Criminal Procedure, is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. It is well settled that discretionary power conferred by the legislature on this court cannot be put in a straitjacket formula, but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from Justice, apprehension of tampering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation, trial or society, etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society.
In the light of above and looking to the facts and circumstances of this case, submissions of learned A.G.A. for the State as well as reasons noted above, this Court does not find any good ground for exercising its discretionary power under Section 438 Code of Criminal Procedure in favour of the applicant.
Accordingly, this application under Section 438 Cr.P.C. is rejected.
Order Date :- 29.5.2024 Shubham