Heard learned counsel for the applicant, learned A.G.A. for the State.
The accused-applicant Anant Lal Mishra is involved and detained in Case Crime No.531 of 2002, under Sections 409, 120-B, 465, 466, 467, 471 I.P.C. and 13(1) Anti Corruption Act, from Police Station Kotwali Fatehgarh, District Farrukhabad.
The submission of learned counsel for the applicant is that as many as seven accused are said to have embezzled the amount allotted to the Gaon Sabha for carrying out the work of Kharanja. The investigating officer did not find the involvement of four accused during investigation. He found the involvement of Accused Shyam Manohar Bajpayee, the present accused-applicant, who were Village Development Officers and Jageshwar Prasad, who was Village Pradhan. Co-accused Jageshwar Prasad and Shyam Manohar Bajpayee have already been ordered to be released on bail. The case of present accused is identical to that of co-accused Shyam Manohar Bajpayee, who has already been ordered to be released on bail. Therefore, present accused also deserves to be released on bail.
Learned A.G.A although opposed the prayer for bail but fairly accepts that the case of present accused is identical to that of co- accused Shyam Manohar Bajpayee, who has already been ordered to be released on bail.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate, and keeping in view the totality of facts and circumstances of the case, as well keeping in view the fact that the co-accused Shyam Manohar Bajpaee having similar role as of present accused, has already been ordered to be released on bail, without expressing any opinion on the merits of the case, applicant may be released on bail.
Let applicant Anant Lal Mishra be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
04.01.2010 Prajapati/-