Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52072 of 2019 Applicant :- Laxmi Narayan Chaudhary @ Laxmi Nath Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Santosh Kumar Shukla, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This anticipatory bail application has been moved seeking bail in Case Crime No. 49A of 2006 under sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34, 477A IPC and 13(2) of Prevention of Corruption Act, Police Station Gadhwar, District Ballia, during the pendency of investigation.
It is argued by the learned counsel for the applicant that in the year 2001 a scheme was launched by the Central Government in the name of Sampoorna Grameen Rozgar Yojna (SGRY) of which present applicant was posted as Project Director.
As per F.I.R., it is alleged against him that between 2002-2005, an amount of Rs.
43.26 lacs cash and the food-grains worth Rs. 16.72 lacs which were to be paid to the beneficiaries were misappropriated by applicant along with 84 other persons. It is argued by learned counsel for the applicant that general allegations had been made against him though there is no specific amount attributed to him which is stated to have been personally misappropriated by him. He remained posted at Ballia from 07.04.2002 to 13.12.2002. Pertaining to the said scheme, several F.I.Rs. were lodged against several I.A.S. and P.C.S. Officers who were posted during that time.
It is further argued by the learned counsel for the applicant that the applicant was Project Director, who had not been assigned any specific role in commission of this offence. The co-accused has already been granted relief of being not arrested till the submission of police report under section 173 (2) Cr.P.C, copy of the order is annexed as Annexures-3, hence he has claimed parity. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted aforesaid fact.
Looking to the fact that co-accused have already been granted relief of not being arrested till submission of police report under section 173 (2) Cr.P.C. and the case of the present applicant is at par with the case of the co-accused, without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Laxmi Narayan Chaudhary @ Laxmi Nath Chaudhary involved in Case Crime No. 49A of 2006 under sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34, 477A IPC and 13(2) of Prevention of Corruption Act, Police Station Gadhwar, District Ballia, shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) the applicant shall not leave India without 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.
In default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within twenty days from today, who shall ensure the compliance of present order.
Order Date :- 26.11.2019 AU