Allahabad High Court
Shyam Bihari vs State Of U.P. And Another on 17 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 83
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4189 of 2023
Applicant :- Shyam Bihari
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Gaurav Kakkar,Rishab Agrawal
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Gaurav Kakkar, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.472 of 2022, registered under Section 409 I.P.C. at Police Station- Kutubsher, District Saharanpur with a prayer to enlarge him on anticipatory bail.
4. As per prosecution story, the applicant, who happens to be the then Junior Engineer/In-charge Storage, is stated to have received only 500 twin dustbins but had issued receipt of 1000 twin dustbins to the company as such embezzled large amount belonging to the State Exchequer.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. He was not the in-charge of the said storage at the time of offence. Learned counsel has further stated that no money was released to the said company rather the said amount was released only after the order of Assistant Commissioner for the supply of 500 twin dustbins. Learned counsel has stated that the said prosecution story stands falsified on the ground that the amount released to the company is for 500 dustbins only, therefore, no loss to the State Exchequer has been caused by the applicant. The applicant may only be held liable for the carelessness. The applicant has already retired and his life has been put to peril and has unblemished record. There is no criminal antecedent of 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 has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
6. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
7. 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 "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". 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.
8. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Shyam Bihari be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i). that the applicant shall make himself available for interrogation by a police officer as and when required;
(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 leave India without the previous permission of the court;
(iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial;
(v). that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii). that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
9. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
[Krishan Pahal, J.]
Order Date :- 17.4.2023
Vikas
