(C.M. Application No.76904 of 2019) Heard Mr. I.B. Singh, Senior Advocate, assisted by Mr. Ishan Baghel, learned counsel for the applicant and learned A.G.A.
The present bail application under Section 438 Cr.P.C. has been filed on behalf of the applicant in Case Crime No.510 of 2010, under Sections 467, 468, 471, 120B I.P.C. & Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, Police Station Ghazipur, District Lucknow, with the prayer to enlarge him on bail. .
Learned counsel for the applicant has submitted that the applicant was working as Chief Architect Planner in the Department of Architecture and Planning, U.P. Awas Vikas Parishad. Learned counsel for the applicant has further submitted that on 11.03.1983 the applicant was asked by the Housing Commissioner to make layout plan to Sector 24, Indira Nagar, accordingly he made a layout as per the desired instructions of the then Housing Commissioner and earmarked 24/1, Sector 24 Indira Nagar for the post and telegraph department. Learned counsel for the applicant has further submitted that on 13.09.1993 one Mr. J.P. Sharda, the then Executive Engineer U.P. AVP had written a letter to the applicant's department along with the copy of plan table survey referring him to make layout according to the same. He further submitted that the executive engineer of property section is the custodian of the property and in the plain table survey dated 13.09.1993 the plot No.24/1 Sector-24 Indira Nagar which was initially being allotted to post and telegraph department was shown as vacant land and the applicant was asked to make a layout of the said land for the purposes of group housing and in pursuance of the letter No.2258/W.28131 dated 13.09.1993 applicant made a new layout for the land No.24/1 and divided the said land as 24/GH-102, 24/GH-103 and 24/GH-104 for the purpose of group housing. Thereafter, the applicant forwarded the new layout along with the file noting dated 19.5.1994 to the Housing Commissioner which was accepted and attested by his signature. Thereafter, applicant retired in the year of 1998 and on 18.06.2010 and one FIR No.510 of 2010, under Sections 467, 468, 471, 120 B I.P.C. and Section 13 (1) D read with Section 13 (2) of Prevention of Corruption Act, Police Station Gaizipur, District Lucknow was lodged by R.K. Mishra (Inspector) alleging that vide Government Order dated 03.06.2000, the Inquiry was handed over to the vigilance regarding the layout of land situated in Sector 24 Indira Nagar, which was allotted to Post and Telegraph Department which subsequently being changed to group housing, to give advantage to builders and in the inquiry it was found that on 09.11.1983 the post and telegraph department deposited Rs. 15, 15,625/- in the account of U.P.A.V.P. but the possession was due and the lay out of said land was prepared by Mr. Arun Kumar Pachauri (applicant), subsequently, on 20.05.1994 the same layout was changed without the due approval was the Housing Commissioner and the aforesaid land was handed over to private builder one Mr. Jitendra Prakash Sharda the then Executive Engineer had the knowledge that the aforesaid land was erstwhile allotted to post and telegraph department, even then he forwarded the plan table survey without any proper detail for the purpose of new layout and Arun Kumar Pachuri (applicant) had changed the previous layout without going into detail and which was subsequently being auctioned to Vijay Shri Construction and Gopal Krishan Builder by the Housing Commissioner U.P. A.V.P., Lucknow .
Learned counsel for the applicant has further submitted that the investigation is going on since 2010, as the applicant is aged about 80 years and it is undisputed that the finally the land in question was auctioned under the order of Housing Commissioner of U.P. A.V. P., then no case in the alleged offences are made out, but now police is visiting his house and his application under Section 438 Cr.P.C. was rejected by the Additional District & Sessions Judge/Special Judge/PC Act Court No.2, Lucknow on 05.07.2019 and he had further submitted that there is no need for any custodial interrogation. As the interim protection was given to the applicant vide order dated 10.07.2019 and the Investigating Officer appeared before the Court along with the case diary and submitted that investigation is going on and the custodial interrogation is not needed.
Learned A.G.A. opposes the bail application.
Considering the above mentioned facts and circumstances of the case, as the applicant is aged about 80 years and the investigation is going on since 2010. As it is evident that the investigation is to be done, merely on the basis of documentary evidence and the custodial interrogation is not needed.
In view of the above, it is a fit case for grant of relief to the applicant.
The applicant shall appear before the Chief Judicial Magistrate concerned within 15 days from today. The learned Magistrate shall release the applicant on bail. The applicant shall executing the bail bond of Rs.10000/- with two reliable sureties each for like amount to the satisfaction of the said Magistrate. The bail bond shall be enforced till filing of the Police report before the trial court.
Let applicant Arun Kumar Pachauri be released on bail in Case Crime No.510 of 2010, under Sections 467, 468, 471, 120B I.P.C. & Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, Police Station Ghazipur, District Lucknow, subject to following conditions:-
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that 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 from disclosing such facts of the Court or to any police officer;
(iii) that the applicant shall not leave India without the previous permission of the Court;
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 26.7.2019 Ravi Kant