Suraj Prasad Chaubey v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12168 of 2023 Applicant :- Suraj Prasad Chaubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Purnendu Chakravarty,Brajesh Kumar Deo Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pranjal Jain holding brief of Sri Purnendu Chakravarty, the learned counsel for the applicant as well as Ms Ankita Tripathi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 14 of 2021, under Section 409, 120-B I.P.C., registered at Police Station SIT, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 23.03.2021 against 18 persons, including the applicant alleging certain illegalities committed in making payment for 137 works carried out by the Uttar Pradesh Rajkiya Nirma Nigam between the periods 2004-05 to 2012-13.

¶4The applicant was working as an accountant during the relevant period and he has retired after attaining an age of superannuation on

31.03.2022.

¶5It has further been stated that in the affidavit filed in support of the bail application that the applicant has been implicated in 9 more F.I.Rs. arising out of similar allegations. The applicant has been granted bail in six other cases vide order dated 19.09.2023, and

10.10.2023 passed in Criminal Misc. Bail Application No.11274 of 2023, 11272 of 2023, 12018 of 2023, 12030 of 2023, 12019 of 2023 and 12016 of 2023. It has also been submitted by learned counsel for the applicant that the co-accused Prashant Verma has already been granted regular bail by this court in Criminal Misc. Bail Application No.10961 of 2023.

¶6The learned A.G.A. has vehemently opposed the bail application and he has submitted that the allegations against the applicant are serious in nature as he has committed financial irregularities in performing his official duties causing huge loss to the public exchequer.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the works in question were carried out between the year 2004 to 2013 and the F.I.R has been lodged in the year 2021; that the applicant claims to have cooperated during investigation and he is already stands retired and in case of his release, the applicant will not be in a position to influence the witnesses and tamper with the evidence and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Suraj Prasad Chaubey be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 12.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench