Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9063 of 2021 Applicant :- Bhoop Singh And Another Opposite Party :- State Of U.P. And 65 Others Counsel for Applicant :- Niraj Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for interim anticipatory bail on behalf of the applicants, Bhoop Singh and Rajnesh Kumar alias Nitu, in connection with Case Crime No.49 of 2019, under Section 409, IPC, Police Station Raja Ka Rampur, District Etah.
Heard learned Counsel for the applicants and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicants is that the allegations against the first applicant, who is the village Pradhan, and the second applicant, who is the contractor, executing a civil work contract in respect of which the offence as alleged is a motivated allegation about which there is hardly evidence forthcoming. It is next submitted that what has been turned into an FIR against the applicants is a technical appraisal of the civil works contract regarding construction of toilets, where much is yet to be determined whether a case is at all made out. The FIR has been lodged in a hurry alleging criminal breach of trust. It is next submitted that the applicants' criminal history has been well explained in paragraph Nos.22,23,24 and 25 of the affidavit, which is referable to the village politics where the applicant No.1 is active and holds the post of the Pradhan. It is next urged that the applicants apprehend arrest in the present crime whereas there is no possibility of the applicants fleeing from justice. It is also urged that the applicants are both respectable men and the present prosecution has been brought in order to humiliate the applicants and injure their reputation. It is also submitted that apprehension and custodial detention in the prevalent circumstances of the COVID-19 pandemic, would lead the applicants to be exposed to the mortal risk of catching the deadly infection.
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 Superintendent of Police, Etah, returnable within the same period of time.
Considering the submission made by learned counsel for the applicants, the nature and gravity of the accusation and the fact that criminal history indicated against the applicant No.1, appears to be mostly one with a political background, the fact that both the applicants are otherwise respectable persons not likely to flee justice, the fact that prima facie the offence may not be vindicated at the end of an investigation as the FIR relates to appraisal of civil works contract and utilization of money therefor, 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 applicants Bhoop Singh and Rajnesh Kumar alias Nitu, shall be released on interim anticipatory bail in Case Crime No.49 of 2019, under Section 409, IPC, Police Station Raja Ka Rampur, District Etah, on their 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 applicants 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 them from disclosing such facts to the Court or to any police office.
(2) The applicants will not leave India with the previous permission of the Court and if they have passports the same shall be deposited by them 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 applicants.
The applicants are 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