Allahabad High Court
Girjesh Kumar Pandey vs State Of U.P. Thru. Prin. Secy. ... on 20 May, 2022
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 330 of 2022
Applicant :- Girjesh Kumar Pandey
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
Counsel for Applicant :- Rajesh Kumar Singh,Anurag Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Anurag Shukla, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.376 of 2020, registered under Sections 419, 420 and 409 IPC at Police Station- Tarabganj, District Gonda with a prayer to enlarge him on anticipatory bail.
As per prosecution story, the applicant and other co-accused persons are said to have embezzled an amount of Rs.12,50,000/- on account of fake work under MANREGA.
Learned counsel for the applicant has stated that he is the Additional Programme Officer and has nothing to do with the said work and he is neither the payment authority nor the executing authority. Learned counsel for the applicant has further stated that the said work comes within the jurisdiction of Gram Panchayat and the said work executed, if any, by Gram Panchayat does not fall within the ambit of work pertaining to Kshetra Panchayat. The charge-sheet has already been filed against the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. Learned counsel for the applicant undertakes that he will cooperate in the trial failing which the State can move appropriate application for cancellation of the anticipatory bail.
The prayer for anticipatory bail have been vehemently opposed by the learned A.G.A but could not dispute the said facts.
On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant Girjesh Kumar Pandey be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. 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;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;
6. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 20.5.2022
Ravi Kant
