Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9091 of 2021 Applicant :- Shree Pal Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for anticipatory bail on behalf of the applicant, Shree Pal Sharma in connection with Case Crime No. 90 of 2021 under Sections 420, 467, 468, 471 IPC Police Station Puranpur, District Pilibhit.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
Learned counsel for the applicant submits that he has been falsely implicated in the crime. The allegation that he marked false attendance on the muster roll and got bogus payment to the beneficiaries made under the MGNREGA is without any material. The applicant is a Panchayatraj Sewak and a Government servant. It is submitted that the applicant has no criminal history. There are no chances of the applicant fleeing from justice. It is urged that in case the applicant is released on anticipatory bail, he would not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Four weeks time is granted to the learned A.G.A. to file a counter affidavit.
Issue notice to the Superintendent of Police, Pilibhit returnable on 14.06.2021.
List this application for orders on 14.06.2021 before the appropriate Bench.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic, the nature and gravity of the accusation, the fact that the applicant has no criminal history, the fact that he is a Government servant, the fact that prima facie there appears to be some doubt about the allegation, but without expressing any opinion on merit of the case, this Court finds it to be a fit case for interim anticipatory bail.
Meanwhile, in the event of arrest, the applicant Shree Pal Sharma shall be released on interim anticipatory bail in Case Crime No. 90 of 2021 under Sections 420, 467, 468, 471 IPC Police Station Puranpur, District Pilibhit on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station/ Court concerned, subject to the following conditions:-
(1) The applicant will 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 office.
(2) The applicant will not leave India with 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.
(3) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The applicants are directed to produce a computer generated copy of this order downloaded from the official website of Allahabad High Court, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. The concerned authority shall also verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.5.2021 Deepak