Allahabad High Court
Prem Chandra Rajpoot vs State Of U.P. And 2 Others on 25 July, 2023
Bench: Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:147983
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8021 of 2023
Applicant :- Prem Chandra Rajpoot
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- A.K.Umrao
Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. This application has been moved on behalf of the applicant Prem Chandra Rajpoot seeking anticipatory bail in Case Crime No. 0088 of 2020, under Sections 420, 467, 468, 471 IPC, Police Station Fatehgarh Kotwali, District Farrukhabad.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
3. It has been submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. It is further submitted that the applicant was not allotted the work of payment of salary to any of the police personnel. It is also submitted that in the enquiry made by C.O. City, Fatehgarh a conclusion was drawn into the matter wherein some police personnels were found guilty but the present applicant was not found guilty in the said enquiry report. Applicant has no criminal history. It is also submitted that the applicant was never punished in the departmental enquiry. It is further submitted that earlier the applicant had approached this Court by way of Application U/S 482 No. 2302 of 2023 in which vide order dated 2.2.2023 he was granted interim protection for a period of three weeks. The investigation of the case is going on. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
4. Learned A.G.A. opposed the prayer for anticipatory bail and submitted that an enquiry report was submitted by the Additional Superintendent of Police, Fatehgarh on 10.2.2020 wherein the present applicant alongwith other persons were found guilty for financial irregularities and also for providing wrongful benefits to other employees. It is further submitted that it is a case of misappropriation of public fund by the applicant.
5. In this matter, from a perusal of the record it appears that public money has been misappropriated by some police personnels and the whole crime was designed by the present applicant. Offence is serious.
6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
7. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant, all attending facts and circumstances of the case and the fact that allegations are serious in nature, without expressing any opinion on the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicant. Prayer made in the application is refused.
8. The application is rejected.
9. However, it is observed that the bail application of the applicant, if moved, shall be considered and decided by the Court concerned in terms of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.
10. On the basis of request of the learned counsel for the applicant, it is further directed that the Court concerned while considering the bail application of the applicant in the light of Satender Kumar Antil case (supra), shall pass an order strictly in compliance of the directions given in the aforesaid judgment by the Hon'ble Supreme Court, in letter and spirit, particularly complying with the order dated 21.3.2023 of the Hon'ble Apex Court in the aforesaid matter.
Order Date :- 25.7.2023/safi
