Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Ashok Kumar Shukla, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned Senior Counsel appearing for the applicant that the applicant is innocent and has been falsely implicated in the present case. She has not committed the present offence. It is further submitted that though she was posted as Assistant Block Education Officer at the time of present incident yet she has no concern with the present matter. Entire allegations levelled against her are false. Trap said to have been made is also doubtful. It is also submitted that if entire prosecution case is taken into consideration then also trap party did not prepare search memo on the spot. Entire formalities were done at the police station concerned. This fact itself shows that the money said to have been recovered from the applicant's possession was planted against the applicant. Recovery is also not supported with any independent evidence. It is further submitted that no specific responsibility for purchase and supply of dress to the children has been entrusted to her. There are different committees at different level and these committees purchase and approve the dress material. Only role assigned to the applicant in the Government Order concerned is to forward the report submitted by the school concerned and also to educate the local committee. It is further submitted that in fact on approval of the dress, supply is made by N.G.O. directly to the school concerned. On this count also trap said to have been made against the applicant is doubtful. No prima facie case is made out against the applicant. The applicant has no criminal history. She is languishing in jail since 11.11.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Raj Laxmi Pandey involved in Case Crime No. 551 of 2020, under Section 7 Prevention of Corruption Act, P.S. Shamli, District - Shamli be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall 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 :- 11.1.2021 safi