Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27254 of 2017 Applicant :- Harikesh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- \Anoj Kumar Rajvanshi,Abhishek Srivastava,Ramesh Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Abhishek Srivastava, learned counsel for the applicant, Sri Pradeep Kumar, learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 85 of 2017, under Sections 409, 120-B IPC, Police Station Sahpau, District Hathras, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has not committed any embezzlement and has been falsely implicated in the case due to village party bandi as well as political rivalry. The applicant was posted as Gram Panchayat Adhikari in Vikas Khand Sahapau. He is not beneficiary of the alleged embezzlement. It is further submitted that embezzled amount has been transferred in account of co-accused Girraj, son of then Gram Pradhan of the village who has already been granted bail by this Court vide order dated 11.07.2017, passed in Criminal Misc. Bail Application No. 23930 of 2017. It is next submitted that since disciplinary proceeding is pending against the accused applicant, he is unable to participate in that proceeding due to being in jail and is being Government Servant, there is no occasion for him for fleeing away from the process of law, moreover, if any, liability is fixed on him in disciplinary proceeding etc., same may be recovered from his salary. One another case arises from the same transaction in Criminal Misc Bail Application No. 33023 of 2017, the applicant is on bail as is evident from R.A.-1. The applicant is having no previous criminal history and in jail since 20.05.2017. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
During the course of arguments, learned counsel for the applicant placed before this Court a photocopy of bail order of co-accused Girraj which is taken on record.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that co-accused Girraj in whose account, amount of embezzlement has been transferred has already been granted bail by this Court and in another case arises from the same transaction, the applicant is on bail.
Considering the rival submissions of learned counsel for the parties, material available on record, ground of parity with the co-accused Girraj as well as totality of fact and circumstances, and without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Harikesh Singh be released on bail in Case Crime No. 85 of 2017, under Sections 409, 120-B IPC, Police Station Sahpau, District Hathras, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned, subject to following conditions :-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the Trial Court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) During pendency of the aforesaid case, the applicant shall appear on 29th of each month before the Police Station concerned to get his attendance registered.
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.
A copy of this order shall be provided to the Government Advocate for information and necessary compliance.
Order Date :- 29.3.2018 Monika