Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48424 of 2021 Applicant :- Suryabhan Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Supplementary Affidavit filed today is taken on record.
Heard Sri Arvind Prabodh Dubey, learned counsel for the applicant, and Sri L.D. Rajbhar, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant- Suryabhan Giri for enlarging him on bail in Case Crime No.1396 of 2015, under Sections 419, 420, 409, 120-B I.P.C, registered at Police Station-Kasya, District-Kushinagar.
The bail application so preferred by the applicant bearing no. 1237 of 2021, Suryabhan Giri vs. State has been rejected by the Court of Incharge Addl. Sessions Judge, Court No.1, Kushinagar at Padrauna on 21.10.2021.
Learned counsel for the applicant has argued that a first information report had been lodged by the Naib Nazir, Ashish Kumar Dwivedi against the applicant in the capacity of the then Tehsildar, Tehsil Kasaya, and 4 others purported to be under Sections 419, 420, 409 IPC, P.S. Kasya, District Kushinagar in Case Crime no. 1396 of 2015 on 22.10.2015 with an allegation that an amount of Rs.6,50,380/- had been misappropriated. Learned counsel for the applicant has drawn the attention of this Court towards Annexure-9 at page-75 being the Inquiry Report of the Inquory Officer being Addl. Commissioner (Judicial)/ Inquiry Officer, Gorakhpur Mandal dated 20.12.2017, so as to contend that in pursuance of the departmental inquiry, charge- sheet, so sought to be issued against the applicant under Charge No.1 at page- 79 of the paper-book, the applicant has been exonerated with respect to the aforesaid charge, while relying upon the report of Forensic Science Laboratory, so as to contend that none of the charges has been proved and the applicant has been exonerated of the said charges. Today, the supplementary affidavit filed by the counsel for the applicant bringing on record the order dated 23.3.2018 passed by the Appointing Authority of the applicant, wherein whereinunder the applicant has been administered warning. In nutshell, the argument of the learned counsel for the applicant is to the extent that once the applicant has been administered warning and he has not been solely held to be guilty of misappropriation of the said amount and the Forensic Team has not found the signatures of the applicant to have been made on the cheque in question. Then, there is no question of any criminality being committed by the applicant. Learned counsel for the applicant has further drawn the attention of this Court towards paragraph-22 to contend that there is no criminal history of the applicant and the applicant is in jail since 9.9.2021, if he is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA for the State has though vehemently opposed the bail, but could not dispute the factum of the findings recorded by the Inquiry Officer culminating into the final order, whereby whereinunder applicant has been administered warning.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Suryabhan Giri involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021 N.S.Rathour