Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52026 of 2019 Applicant :- Ramlal Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Vinod Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinod Kumar Sharma, 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.410 of 2009 under sections 409, 467, 668, 471, 120B IPC and 7/13 Prevention of Corruption Act,Police Station Gagha, District Gorakhpur during the pendency of investigation.
It is argued by the learned counsel for the applicant that the accused-applicant was a Gram Vikas Adhikari against whom allegation made in the FIR is that an amount of Rs.11,286/- has been misappropriated by him, out of the funds which had been released for construction of various works under Mahatma Gandhi Rashtriya Gramin Rozgar Guarantee Yojna. Difference of excess amount upto 2% is stated to be within tolerable limit as per circular dated 06.06.1985. The applicant had filed Crl. Misc. Writ Petition No.13593 of 2009 before this Court and an order dated 16.07.2009 was passed therein staying his arrest till the credible evidence is not collected by the I.O.. It is further argued that co-accused Rama Shankar Singh, who is the main accused in this case, has been granted relief against his arrest till further orders vide order dated 29.05.2019, copy of which is annexed at page-80 of the paper book and the similar relief has also been granted to co-accused Israwati Devi, copy of the same is annexed at page-81. It is further argued that despite interim order having been passed against the accused-applicant not to arrest till credible evidence is not collected, now police is trying to arrest him, hence prayer is made to grant him anticipatory bail. 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 Ramlal involved in Case Crime No. 410 of 2009 under sections 409, 467, 668, 471, 120B IPC and 7/13 Prevention of Corruption Act,Police Station Gagha, District Gorakhpur 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 :- 26.11.2019 AU