Surajpal Singh v. State of U.P

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40759 of 2023 Applicant :- Surajpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

¶2The present bail application has been filed by the applicant in case crime No. 769 of 2018, under Sections 409, 420, 120-B, 175, 187, 201 IPC and Section 13(1), 13(2) of Prevention of Corruption Act, police station Sikandrarao, District Hathras with the prayer to enlarge the applicant on bail.

¶3It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The alleged incident relates to the year 2007 and at that time applicant-accused was working as Village Development Officer, pertaining to village Panchayat Pipal Gawan, district Hathras. The allegation against the applicant is that in construction of the drainage and water pipelines, he has shown over billing and submitted some forged bills and thereby public funds more than Rs. one lac were misappropriated. The first information report has been lodged after about 11 years of the incident, in the year 2018. It was submitted that there is no credible evidence that any amount has been transferred into the account of applicant. Further, the arrest of the main co-accused Jagdish Prasad Ahirwar @ Jagdish Chandra Ahirwar was stayed by the Division Bench of this Court vide order dated 02.08.2023, passed in criminal misc. writ petition no. 12015 of 2023 and that co-accused Smt. Kanta Devi, who was village Pradhan, has also been granted bail by this Court. Lastly, it was submitted that the applicant is in judicial custody since 25.07.2023, having no criminal history, and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer for bail and argued that while working as Village Development Officer, applicant was involved in misappropriation of public funds in relation to construction of drainage and water pipelines.

¶5Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

¶6Let the applicant Surajpal Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

¶7In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 13.10.2023 Anand High Court of Judicature at Allahabad