Allahabad High Court
Munna Babu vs State Of U.P. on 27 May, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12864 of 2020 Applicant :- Munna Babu Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Anurag Shukla, learned counsel for the applicant and Sri Jai Narayan, learned AGA through Video Conferencing.
The instant bail application has been filed on behalf of the applicant, Munna Babu, with a prayer to release him on bail in Case Crime No. 442 of 2019, under Sections 409, 419, 420, 467, 468, 471 IPC, Police Station Kotwali, District- Ballia, during pendency of trial.
The FIR has been lodged by the Chief Medical Officer, Ballia, Preetam Kumar Mishra, on 28.11.2019 against Nirmal Kumar Pandey (Proprietor, Anmol Trading Company, Ballia) Pawan Kumar Verma (District Account Manager, Ballia), Munna Babu (applicant) and Mukesh Bhardwaj. Applicant and Mukesh Bhardwaj are stated to be Counter Assistants, National Health Mission, C.M.O. Office, Ballia. It is alleged in the FIR that four bills regarding payment under Public Financial Management System were produced by Nirmal Kumar Pandey (Proprietor, Anmol Trading Company, Ballia), appeared to be forged and fabricated. On receiving information from the Bank Manager, the C.M.O., Ballia, enquired into the matter and found that bills were forged. At the relevant time, applicant was posted as Senior Assistant in the office of C.M.O., Ballia. Since October, 2018, he was working as Counter Assistant, National Health Mission, C.M.O. Office, Ballia. On 02.5.2019, his duty was changed by the C.M.O., Ballia and he was shifted on the post of Counter Assistant to discharge the duty of drawing salary and doing establishment works in respect of doctors and clerks. The applicant handed over the charge of his post to Manoj Kumar Yadav on 02.5.2019, when the alleged incident is stated to have occurred. During his working as Counter Assistant, no E-tender was done. The bills of Public Financial Management System are signed by Assistant Nodal Officer and Chief Medical Officer. Thereafter, the bills are singed by Treasury Officer and District Accounts Manager before issuance to concerned bidder. No Counter Assistant can forge such bills without approval/signature of Chief Medical Officer. On the disputed bills, there is no signature of the applicant. The Chief Meidcal Officer was having some personal grudge against the applicant and therefore, he has falsely implicated him when no payment can be made without issuance of OTP to the C.M.O. The applicant has criminal history of three cases explained in paragraph No. 48 of the affidavit in support of the bail application. The applicant is in jail since 29.11.2019.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.5.2020 Ruchi Agrahari