Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2021
  6. /
  7. January

Girish Chandra Chaturvedi vs State Of U P

High Court Of Judicature at Allahabad|22 September, 2021
|

JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29713 of 2021 Applicant :- Girish Chandra Chaturvedi Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri P.C. Srivastava, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case. He has not committed the present offence. No prima facie case is made out against the applicant. There is no chance of fleeing away the applicant, as he is the Government Employee. Applicant was posted since 1.6.2018 to 20.7.2018 in the department concerned. Referring to statement of the informant it is also submitted that entire amount shown is not related to the applicant. What act was done on the part of the applicant same was in lieu of discharge of official duty. Applicant has no criminal history. He is languishing in jail since 28.1.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, severity of punishment, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Girish Chandra Chaturvedi involved in Case Crime No. 447 of 2020, under Sections 419, 420, 467, 468, 471, 406, 409 IPC and 7/13, 7-A Prevention of Corruption Act, P.S. Kotwali Dehat, District - Bahraich be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall 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 :- 22.9.2021 safi
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Girish Chandra Chaturvedi vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 September, 2021
Judges
  • Om Prakash Vii
Advocates
  • Prakash Chandra Srivastava