Allahabad High Court
Chhedi Prasad vs State Of U.P. Thru.Prin.Secy. ... on 25 July, 2023
Bench: Subhash Vidyarthi
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. - 1127 of 2023
Applicant :- Chhedi Prasad
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And Another
Counsel for Applicant :- Rajesh Kumar Sharma,Prabhu Sharan
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
On 15.05.2023, 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. 112/2012, under Sections 409/420/467/468/471/120-B I.P.C. and Section 13(1)(d)(2) of Prevention of Corruption Act, P.S. Mahanagar, District Lucknow.
Learned counsel for the applicant submits that the applicant has retired on 28.02.2011 and presently he is 70 years old. He has no criminal history.
It is further submitted that the co-accused namely Taqir Zameer has been enlarged on bail by the coordinate Bench of this Court vide order dated 27.06.2022 passed in criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 902/2022. Another co-accused namely Devendra Pal Singh has also been granted interim protection by this Court vide order dated 23.01.2023 passed in criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1600/2022.
Learned counsel for the applicant further submits that the offences are triable by magistrate. He has no criminal history. Charge sheet has not been filed against the applicant yet. Applicant has been a government servant with unblemished record.
Learned Addl. Government Advocate prays for and is allowed three weeks time to file counter affidavit.
List on 11.07.2023 after connecting with criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 902/2022 and 1600 of 2022.
Considering the above aspect of the matter, perusal of the record as well as the fact that the applicant has no criminal history; he is seventy years old; the offence is alleged to have taken place more than 10 years ago 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."
No counter affidavit has been filed nor anything 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 15.05.2023 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
