Amreshwar Singh v. State of U.P. and 2 Others

Court No. - 78 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9939 of 2023 Applicant :- Amreshwar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Aditi Srivastava,Kandarp Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present application has been moved seeking anticipatory bail in Case Crime No. 41 B of 2006, under sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34 IPC and 13(2) of Prevention of Corruption Act, Police Station-Sukhpura, District-Ballia, with the prayer that in the event of arrest, applicant may be released on bail.

¶3It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It was submitted that at the relevant time the applicant was working as Block Development Officer and he has remained posted on that post only for a period of five months. The first information report has been lodged against 108 accused persons, including applicant, and it is alleged that in pursuance of a criminal conspiracy embezzlement of State fund allocated for Sampurna Grameen Rozgar Yojna has taken place. Referring to the facts of the matter, it is submitted that applicant has discharged his duties with honesty and he was not involved in any embezzlement, cheating or forgery. Merely a vague allegation has been made against applicant that he was also involved in the criminal conspiracy. Learned counsel submitted that the first information report was lodged in the year, 2006, but investigation is still going on and no chargesheet has been submitted, whereas period of seventeen years has passed. In Similar matters several co-accused persons have already been granted anticipatory bail by co-ordinate Benches of this Court, the copy of which, are available on record. The applicant undertakes to co-operate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

¶4Learned A.G.A. has opposed the prayer for anticipatory bail and argued that at the time of relevant time the applicant was working as Block Development Officer and he was involved in the conspiracy, wherein, embezzlement of public funds has taken place. However, it could not be disputed that in several similar matters accused persons have already been granted anticipatory bail by this Court.

¶5It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶6In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

¶7The anticipatory bail application is allowed.

¶8In the event of arrest of the applicant-Amreshwar Singh in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court below concerned with the following conditions :- i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶9In case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 22.11.2023/ HR High Court of Judicature at Allahabad