Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56254 of 2019 Applicant :- Smt. Shimlesh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Rai,Rakesh Pande (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Pande, learned Senior Advocate assisted by Sri Dinesh Kumar Rai, learned counsel for the applicants and Sri S.S. Sachan, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No. 266 of 2013 under section 7/13 of Prevention of Corruption Act and under Sections 406, 420, 467, 468, 471, 120-B and 409 I.P.C., Police Station Dankaur, District Gautam Budh Nagar during the pendency of trial.
Learned counsel for the applicant argued that applicant is said to have purchased land from the alleged beneficiaries of the compromise. They have reasonable apprehension of arrest. F.I.R. was lodged against thirty persons on 18.05.2013 on the basis of an enquiry report which was conducted in respect of land situated in village, Jaganpur. Main accused in this case are Consolidation Authorities whose names have appeared in F.I.R. and have been stated to have passed orders affecting adversely the land of Gaon Sabha. They are stated to have given benefit to the tenure holders. Charge-sheet has been submitted against other co- accused and not against the present accused applicants. On 1.04.2019, D.G.P., U.P. had ordered further investigation in this case on which proceedings are going on. Other co- accused have also been granted relief of not being arrested till submission of police report under Section 173 (2) Cr.P.C. in various orders of the Coordinate Benches which are annexed from page nos. 46 to 51. Dispute relates to the land purchased by the applicants from Chimta and Jaipal who had been given lease of the land. The dispute with respect to the grant of lease or cancellation is pending for adjudication before the High Court; accused is innocent and has no criminal history; if released on bail he would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicants, there being no possibility of their fleeing from justice and also looking to the fact that other co-accused have already been granted relief in large number of cases of not being arrested till submission of police report under Section 173 (2) Cr.P.C., orders of which are annexed at page nos. 46 to 51, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Smt. Shimlesh and Smt. Dinesh Kumari involved in Case Crime No. 266 of 2013 under section 7/13 of Prevention of Corruption Act and under Sections 406, 420, 467, 468, 471, 120-B and 409 I.P.C., Police Station Dankaur, District Gautam Budh Nagar 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. 25,000/- 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 :- 17.12.2019 A. Mandhani