Court No. - 51
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5949 of 2021 Applicant :- Pradeep Kumar Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Shri Vivek Kumar Srivastava, learned counsel for the applicant as well as the learned AGA and perused the record.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Pradeep Kumar Singh in Case Crime No. 0216 of 2020, under Sections 7, 13 Prevention of Corruption Act, Police Station - Robertsganj, District - Sonbhadra.
It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. No prima facie case is made out against the applicant. In-fact, applicant has forwarded an enquiry report for revaluation as is clear from the supplementary affidavit and due to this reason present F.I.R. was lodged on the basis of false facts. Learned counsel for the applicant also referred to the affidavit annexed with the application and further argued that informant himself has admitted that since applicant had made enquiry and was not agreed with the proposal given to the applicant, therefore, present prosecution has been started. Investigation is going-on. No charge-sheet has been submitted till today. Applicant is co-operating to the Investigating Officer. Allegation levelled against the applicant is that an enquiry constituting the committee of five members was made is false. No such enquiry was made nor any copy to this effect has been provided to the applicant. Thus, referring to the entire documents annexed with the application as well as contents of the affidavit, it is further submitted that no fruitful purpose would be served by sending the applicant behind the bar, as he has been retired from service. If the applicant is enlarged on bail, he will not misuse the liberty and will cooperate with the investigation.The applicant has apprehension of his arrest by the police any time.
On the other hand, learned A.G.A. opposed the prayer and argued that a prima facie case is made out against the applicant. Merely on this basis that applicant had forwarded an enquiry report, it cannot be presumed that facts mentioned in the F.I.R. are false. It is a case wherein applicant has extracted the money from many Aganwadi workers. They have made specific allegation against the applicant. It is a case under Prevention of Corruption Act.
Having regard to the facts and circumstances of the case and having considered the rival submissions made by the learned counsel for the parties and comparing the same with the facts and evidence of the present matter when there is clear allegation against the applicant regarding extracting huge money from Aganwadi workers while he was posted as Public Servant and keeping in view the nature of allegation levelled against him, in the opinion of the Court no good ground is made out to enlarge the applicant on anticipatory bail. The anticipatory bail application is liable to be rejected and the same is accordingly rejected.
Order Date :- 27.9.2021 Sanjeet