Allahabad High Court
Brajendra Pal @ Brajendra Singh vs State Of U.P. Thru. Prin. Secy. ... on 22 August, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:55901
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 282 of 2023
Applicant :- Brajendra Pal @ Brajendra Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Gov. Lko. And Another
Counsel for Applicant :- Kaustubh Singh
Counsel for Opposite Party :- G.A.,Ramesh Chand
Hon'ble Subhash Vidyarthi,J.
1. On 07.02.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 334/2017, under Section 420 I.P.C. and Section 7/13 of Prevention of Corruption Act, 1988, P.S. Kotwali Tirwa, District Kannauj.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant is a Gram Pradhan. The F.I.R. has been lodged on the basis of inquiry conducted by three member committee. It is also submitted that the applicant has not been given any notice to that effect while conducting the said inquiry and exparte inquiry in the absence of the applicant has been conducted and on the basis of the same, the F.I.R. has been lodged alleging that the applicant has obtained the money as illegal gratification from the beneficiary of the Lohia Awas Yojna in collusion with the co-accused.
Learned counsel for the applicant further submits that the complainant contested the election of village pradhan against the applicant and lost the election of two votes. Due to this grudge, he has been falsely implicated. It is also submitted that the gram pradhan is not entrusted solely to identify beneficiary of Lohia Awas Yojna. The exercise is done by the joint effort of Panchayat Secretary, Sector Officer, Block Development Officer and Sub Divisional Magistrate. The applicant alone has no role in identifying the beneficiaries. Charge sheet in this case has been filed. The applicant has no criminal antecedents. He has cooperated in the investigation and further undertakes to cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit.
List on 15.03.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that the applicant has cooperated in the investigation and further undertakes to cooperate in the trial; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, 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 court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court"
2. Although counter and rejoinder affidavits have been filed in this case, but nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
3. The learned counsel for the applicant has submitted that the bail bonds have already been furnished.
4. The learned A.G.A. could not point out any violation of the conditions of interim anticipatory bail committed by the applicant
5. In view of above, the interim order dated 07.02.2023 is made absolute and the anticipatory bail application is allowed.
(Subhash Vidyarthi, J.)
Order Date :- 22.8.2023
Preeti.
