Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9087 of 2021 Applicant :- Ashok Kumar Dave Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicant, Ashok Kumar Dave, in connection with Case Crime No.122 of 2000, under Sections 408, 409, 420, 467, 468, 471, 120B, IPC, Police Station Bazariya, District Kanpur Nagar.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that he has been charge-sheeted in connection with the instant crime on the ground that he embezzled Government money to the tune of Rs.26,550/- sent for distribution towards scholarship of Scheduled Caste students in the year 1998-99. It is urged that there are no materials in the case diary to connect the applicant to the crime. It is pointed out that according to Government Order dated 01.05.1999, it is the duty of the District Social Welfare Officer and the Clerk concerned in his office to verify the antecedents of students before releasing scholarship to the individual students. The applicant was running the institution, which is recognized by the District Basic Shikha Adhikari, Kanpur Nagar, and allegations in the charge-sheet that the Institution is non-existent is without any tangible material. It is next submitted that the applicant is a respectable man, who has no criminal history. There is no chances of the applicant fleeing justice. He has apprehension of arrest in the present case pursuant to the process of Court. It is next submitted that in any case, the entire prosecution is an abuse of process of Court.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Senior Superintendent of Police, Kanpur Nagar, returnable within the same period of time.
Considering the submission made by learned counsel for the applicant, the emergent situation and risk due to the Covid-19 pandemic, the nature and gravity of the accusation and the fact that the applicant has no criminal history, the fact that prima facie the prosecution appears to be an abuse of process, the fact that prima facie there are no materials in the case diary, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
List this application for orders on 14.06.2021.
Meanwhile, in the event of arrest, the applicant Ashok Kumar Dave, shall be released on interim anticipatory bail in Case Crime No.122 of 2000, under Sections 408, 409, 420, 467, 468, 471, 120B, IPC, Police Station Bazariya, District Kanpur Nagar, on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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 to the Court or to any police office.
(2) The applicant will not leave India with the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
The applicant is directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also 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.
Order Date :- 13.5.2021 NSC