Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18387 of 2021 Applicant :- Archana Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Sandeep Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.237 of 2021, under section 409 I.P.C., Police Station Gola, District- Gorakhpur, during the pendency of investigation.
Facts in brief are that on 26.06.2021 F.I.R. was lodged by Alok Kumar Singh in-charge A.D.O., Panchayat, that Rs.26,70,000/- were granted for construction of toilets in the village which was misappropriated by village pradhan Archana Devi and it was withdrawn from Gram Nidhi.
It is submitted that applicant is innocent and has been implicated falsely in this case. The amount was sanctioned for construction of 177 toilets. All the toilets were constructed and money was paid to the beneficiaries as a result village was declared ODF taking report after verification from the block level officers such as B.D.O. and D.P.R.O. Even S.B.M. report available on government site shows that 177 toilets have already been constructed even though this false F.I.R. has been lodged against the applicant. No offence u/s 409 I.P.C. is made out against the applicant. It is further submitted that co-accused Lal Chand has already been enlarged on anticipatory bail by the court below. There is apprehension of arrest of the applicant, therefore, requested for anticipatory bail.
Learned A.G.A. opposed the prayer for anticipatory bail and urged that as per the instructions 12 toilets were found to be less than the sanctioned number of toilets which is 177. There is charge of misappropriation of Government money against the applicant, therefore, applicant is not entitled for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of evidence on record and without expressing any opinion on the merits of the case the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Archana Devi, shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make herself available for interrogation by a police office as and when required;
(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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 23.12.2021 Ashok Gupta