Allahabad High Court
Omkar Nath Pandey vs State Of U.P. Thru. Addl. Chief ... on 10 February, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 324 of 2023
Applicant :- Omkar Nath Pandey
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Dept. U.P. Civil Secrett. Lko.
Counsel for Applicant :- Anurag Kumar Singh,Pushpendr Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.16/2020 under sections 409, 419, 420 I.P.C., P.S. Kotwali Nagar, district Balrampur.
Heard learned counsel for the applicant and learned A.G.A. for the State.
In the prosecution case, it is alleged that the accused applicant Omkar Nath Pandey who is an employee in the office of the informant got Rs.3,93,368/- transferred in his bank account, instead of depositing it in the bank account of seven pensioners in an illegal manner while cheating them. After conducting a preliminary enquiry, first information report has been lodged.
It is submitted that the applicant is a government servant. There is no loss to the State exchequer as the money has been returned to the pensioners. It is submitted that initially a final report was filed. However, a further investigation has been ordered and merely on the statement of a colleague of the applicant, the applicant has been implicated in this case.
It is submitted on behalf of the applicant that the applicant shall further cooperate in the investigation/trial.
Learned A.G.A. has opposed the prayer made by the applicant's counsel.
Without expressing any opinion on the merits of the case, the undertaking given on behalf of the applicant that he shall cooperate in the investigation/trial , the fact that there is no loss to the State exchequer, earlier a final report was filed, the applicant is a government servant, he has no criminal antecedent, and gravity of offence, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation/trial.
In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, till filing of the police report, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the arresting officer/S.H,O. concerned.
The applicant is directed to appear before the investigating officer within 20 days from today, failing which this protection shall stand automatically cancelled. He shall further cooperate in the investigation/trial and he will not influence the witnesses. 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 order.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 10.2.2023
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