Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40671 of 2019 Applicant :- Ram Narayan Singh Alias Raj Narayan Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anant Ram Dube Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anant Ram Dube, 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.42 of 2006 under sections 409, 420, 467, 468, 471, 477A, 120B, 201, 218/34 IPC and section 13(2) Prevention of Anti-Corruption Act, Police Station Sukhpura, District Ballia, during the pendency of investigation.
As per FIR the matter relates to preparing of forged documents and embezzlement of huge amount of Rs.16-17 lacs and Rs.20- 50 lacs of Gramin Rozgar Yojna for the year 2002-2005 in which as many as 88 persons have been made accused. The name of the accused-applicant appears at sl.no.64 in the FIR.
It is argued by the learned counsel for the applicant that general allegations are levelled against all the accused persons named in the FIR and two accused namely Arjun Ram, Satendra Singh Gangwar have approached this Court by filing Criminal Writ Petition No. 18854 of 2018 (Arjun Ram vs. State of U.P. and others) and Criminal Writ Petition No. 20029 of 2018 (Satyendra Singh Gangwar vs. State of U.P. and 2 others) in which their arrest has been stated vide orders dated 17.07.2018 and 26.07.2018 copies of which are annexed at pages 48-49 of the paper books. The role of the accused is at par with the two above-mentioned accused, hence on the ground of parity anticipatory bail of the accused may be granted. 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 the aforesaid facts.
Looking to the fact that co-accused have already been granted stay against their arrest 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 Ram Narayan Singh Alias Raj Narayan Singh involved in Case Crime No. 42 of 2006 under sections 409, 420, 467, 468, 471, 477A, 120B, 201, 218/34 IPC and section 13(2) Prevention of Anti-Corruption Act, Police Station Sukhpura, 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 ten days from today, who shall ensure the compliance of present order.
Order Date :- 30.9.2019 AU