Keshav Prasad Verma @ Keshav Prasad v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Dept. of Home U.P. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2667 of 2023 Applicant :- Keshav Prasad Verma @ Keshav Prasad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Dept. Of Home U.P. Lko. And Another Counsel for Applicant :- Dr. Pooja Singh,Digvijay Singh,Surya Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Dr. Pooja Singh, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 30 of 2022, under Sections 419, 420, 467, 468, 218 IPC, Police Station Sadullanagar, District Balrampur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.03.2023 against three persons, including the applicant, in furtherance of an application under Section 156(3) Cr.P.C., alleging that in connivance with the applicant, co-accused Virendra Kumar Das got the name of his father entered in various government documents and thereafter falsely projecting himself to be dead, got the names of his heirs mutated in the revenue records. The co-accused has wrongfully taken the benefit of reservation on the basis of forged documents.

¶4In the affidavit filed in support of the application it has been contended that the applicant is a 60 years old retired Lekhpal having no criminal history.

¶5Co-accused Virendra Kumar Das has already been granted anticipatory bail by means of an order dated 28.07.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1677 of 2023.

¶6Sri Anurag Verma, the learned AGA-I has vehemently opposed the anticipatory bail application and he has submitted that the applicants had misused their official position to help the co-accused person in gaining undue advantage by making false entries in government documents.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused person has also been granted anticipatory bail and the is a retired government employee and he does not appear to be in a position to influence the witnesses or tamper with evidence and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Keshav Prasad Verma @ Keshav Prasad before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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 or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 21.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench