Allahabad High Court
Prabhat Kumar Srivastava vs State Of U.P. Thru. Addl. Chief ... on 3 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:51680
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 78 of 2023
Applicant :- Prabhat Kumar Srivastava
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Sushil Kumar Singh,Pradeep Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. On 16.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -
"Heard learned counsel the applicant and learned A.G.A. for the State.
The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 15/2021, under Sections 13(1)(b) read with Section 13(2) of Prevention of Corruption Act, P.S. Vigilance Establishment, Sector Lucknow.
Supplementary affidavit filed by the applicant is taken on record.
It is alleged in the prosecution case that vide government order dated 19.07.2019 an inquiry was ordered against the applicant who was at that time Section Officer of Jal Nigam, to be conducted by Vigilance Cell, Lucknow, who submitted report to the government and in the inquiry it has come that the applicant while being posted as Section Officer of Jal Nigam being a public servant under relevant period has received Rs. 63,55,876/- as a salaried income and in the same period his expenses has been Rs. 84,78,000/-.
Learned counsel for the applicant submits that perusal of the bank statement of the applicant which is on record as Annexure No. 5, it is evident that the inquiry officer was given only the bank statement of the applicant with effect from 15.12.2007 to 31.07.2019 and in this period he has received a total amount of Rs. 62,24,801.46/-. He has drawn attention of the Court towards the bank account prior to 2007 and has submitted that since 1982 to 2007 he has received Rs. 11,00,000/- more apart from this Rs. 1,24,000/- lakh has been deposited by the applicant as his agriculture income as Kisan Vikas Patra and Rs.1,15,000/- was received by him by selling of land. The sale deed are on record. Thus, more than Rs. 77 lakhs has been directly received by the applicant in his account and apart from this he has also received income from other sources which have been explained in the petition. He is a retired employee having no criminal antecedents. The investigation in this case is going on and he undertakes to cooperate in the investigation.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 06.02.2023.
Considering the above aspect of the matter, perusal of the record as well as the fact that the applicant is a retired government servant, he has no criminal antecedents and the applicant is undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.
The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
In case of default, it would be open for the investigating agency to move application for vacation of this interim protection."
2. Although the State has filed a counter affidavit and the applicant has filed a rejoinder affidavit, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
3. The charge sheet has already been filed in the Court and the learned Special Judge PC Act-9/ Additional Sessions Judge, Lucknow has taken cognizance by means of an order dated 20.05.2023.
4. In view of the aforesaid circumstances, the interim order dated 16.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.
5. The applicant is directed to appear before the trial court within a period of two weeks from today and furnish bail bonds in compliance of the earlier order.
Order Date :- 3.8.2023
Pradeep/-
