Chandra Bhan Singh vs State Of U.P. Thru. Prin. Secy Home ...
2023 Latest Caselaw 23187 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56633
 
Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1804 of 2023
 

 
Applicant :- Chandra Bhan Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy Home Lko.
 
Counsel for Applicant :- S.P. Singh Somvanshi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Vidyarthi,J.

1. Sri S.P. Singh Somvanshi, the learned counsel for the applicant, Sri Arvind KUmar Pandey, the learned AGA for the State and perused the records.

2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 249 of 2013, under Section 13(1)(e) read with 13(2) P.C. Act, Police Station Gazipur, District Lucknow.

3. The aforesaid case has been registered on the basis of an FIR lodged on 14.05.2023 stating that the applicant was working as a constable, whose service has been terminated and it was found that the applicant had earned a total of Rs. 11,54,000/- during his service between the period 1995 to 2008 whereas during the same period he spent Rs. 19,27,000/-, which indicates that he earned an amount exceeding the amount of his known sources of income.

4. In the affidavit filed filed in support of the application, it has been stated that the FIR wrongly calculates the applicant service tenure w.e.f. 1995 whereas the applicant had been appointed on 09.10.1990 and when the emoluments received from the applicant since inception of his service are taken into consideration, the applicant has not spent more than amount of his earning from the known sources of his income.

5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

6. Regarding termination of service, it has been stated in the affidavit that the applicant had challenged the order by filing Writ Petition No. 4399 (S/S) of 2013, which was allowed by means of a judgment and order dated 17.11.2017 whereby the order of dismissal was quashed and thereafter the applicant has been reinstated in service.

7. Having considered the aforesaid facts and circumstances of the case and coupled with the fact that the applicant's services were terminated on the same set of charges and the termination has been quashed by this Court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime.

8. Accordingly, this bail application stands allowed.

9. Let the applicant-Chandra Bhan Singh be released on bail in Case Crime No. 249 of 2013, under Section 13(1)(e) read with 13(2) P.C. Act, Police Station Gazipur, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

Order Date :- 24.8.2023

Pradeep/-