Devendra Pal Singh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 18902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:49630
 
Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1600 of 2022
 

 
Applicant :- Devendra Pal Singh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Rajesh Kumar Sharma,Prabhu Sharan
 
Counsel for Opposite Party :- G.A.,Anuuj Taandon,Purnendu Chakravarty
 

 
Hon'ble Subhash Vidyarthi,J.

On 23.01.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order -

"The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.112 of 2012 under sections 409, 420, 467, 468, 471, 120-B I.P.C. and 13(1)(d)(2) of Prevention of Corruption Act, P.S. Mahanagar, district Lucknow.

Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

Learned counsel for the applicant submits that the applicant is an Assistant Project Officer in Bareilly at Beej Vikas Nigam. The Project Officer Sri Tariq Zameer has already been granted anticipatory bail vide order dated 27.6.2022 passed in Anticipatory Bail No.902 of 2022.

It is next submitted that in the report of the Telsildar dated 2.5.2014, the forged Khatauni(s), total 16, have been found to be genuine. The investigation is going on. Charge sheet has not been filed. The applicant is a government servant. In the enquiry report, charges against the applicant have not been found substantiated.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

Issue notice to respondent No.2.

Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file counter affidavit.

List on 7.2.2023.

Considering the above aspects of the matter, the applicant is a government servant, the co-accused Sri Tariq Zameer has been enlarged anticipatory bail, perusal of the record, as also 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 filing of the police report, 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 Devendra Pal Singh shall cooperate in the investigation 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 interim protection."

Although counter and rejoinder affidavits have been filed, 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. It is also noteworthy that Criminal Misc. Anticipatory Bail Application No. 9 of 2022 filed by the co-accused Tarik Zamir has been allowed by means of order dated 26.02.2022.

In view of the aforesaid circumstances, the interim order dated 23.01.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order.

(Subhash Vidyarthi J.)

Order Date :- 25.7.2023

A.Nigam