Shiv Ruchi Mishra v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Govt. Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2699 of 2023 Applicant :- Shiv Ruchi Mishra Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Home Deptt. Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Khushbu Tripathi,Gaurav Nigam,Rubi Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Khushbu Tripathi, Ms. Rubi Tripathi and Sri Gaurav Nigam, the learned counsel for the applicant as well as Sri Vinod Kumar Shahi, the learned Additional Advocate General assisted by Sri Anurag Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed seeking anticipatory bail for the applicant in Case Crime No. 11 of 2019, under Sections 409, 120-B IPC, Police Station SIT, District Lucknow.

¶3The aforesaid case has been registered on the basis of an FIR lodged by an Inspector of Police against 6 named persons, including the applicant, in furtherance of a report submitted by Special Investigating Team alleging administrative and financial irregularities committed in 137 construction works.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is innocent and he has falsely been implicated in the present case. It has been contended that the allegation against the applicant is of having committed irregularities in construction of 18 court rooms, Sarpathan, Gyanpur, Bhadohi while being posted as Junior Engineer.

¶5In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, and he has falsely been implicated in the present case. The applicant's involvement in 7 other cases based on the same investigation report has been disclosed in para 46 of the affidavit filed in support of the application.

¶6In Case Crime Nos. 15/2021 and 16/2021 the applicant has been granted anticipatory bail by means of orders dated

03.11.2023 & 24.11.2023 passed by this Court in Criminal Misc. Anticipatory Bail Nos. 2486 of 2023 and 2481 of 2023, respectively.

¶7Co-accused Sri Pratap Singh has been granted anticipatory bail by means of an order dated 02.11.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2464 of 2023.

¶8It has also been submitted that the several co-accused persons have already been granted anticipatory bail passed by this court in different case crime numbers having similar allegations.

¶9The learned Additional Advocate General has vehemently opposed the anticipatory bail application and he has submitted that the F.I.R indicates commission of offence by various persons in construction of various works, causing huge wrongful loss to the public exchequer and the aforesaid facts do not warrant discretion of this court by granting pre arrest bail to the applicant.

¶10Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that works in question were carried out during 2012 to 2014; FIR has been lodged in the year 2021; that presently the applicant has attained the age of 54 years and he has cooperated during investigation; the co-accused person has been granted anticipatory bail i the present case; that several co-accused persons have already been granted bail in different case crime numbers 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.

¶11In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Shiv Ruchi Mishra before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail 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 :- 24.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench