Allowed

Balram Singh v. State of U.P.

Allahabad HC20 Jan 2020ABAIL/836/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous anticipatory bail application, the court considered the facts of a corruption case involving scholarship misappropriation. The applicant, aged 76, was granted bail with specific conditions regarding interrogation and investigation time limits.

What did the court decide?

Anticipatory bail granted till the submission of police report on furnishing a personal bond of Rs. 25,000 with two sureties and complying with specified conditions.

Balram Singh Vs State of U.P. — Corruption | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 836 of 2020

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Applicant :- Balram Singh Opposite Party :- State of U.P. Counsel for Applicant :- Shachindra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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The brief background of the case is that a complaint was made to the Vigilance Department regarding drawl of scholarship amount by the Principal and Manager of Bhagwan Parashuram Dham Uchchatar Machyamik Vidyalaya, Sohnag Salempur, Deoria and it has been submitted that the F.I.R. was lodged in the year 2005 and the applicant was then Principal of the Institution and retired in the year 2003. It is argued that the applicant is wholly innocent and has not misappropriated scholarship of the students and he has not absconded till date. He is now aged about 76 years, he is ready to cooperate with the investigation. He has further pointed out that co-accused Satyadev Yadav, who though was not named in the F.I.R. and his name appeared for the first time in 2019, has been granted bail by coordinate Bench of this Court in Bail Application no. 44352 of 2019 vide order dated 22.11.2019. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Though, the case of the applicant is distinguishable from that of Satyadev Yadav, however, considering the age of 76 years of the applicant and till date investigation is continuing and charge-sheet has not been laid against the applicant, I deem it fit that the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Balram Singh involved in Case Crime No. 271/2005, u/s 409, 420, 467, 468, 471, 477A, 201 IPC and 13(2) read with 13(1)D Prevention of Corruption Act, P.S. Salempur Kotwali, District Deoria, shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties

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each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.

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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of four months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order and also monitor the investigation of the aforesaid case which was registered in the year 2005 and shall ensure that the investigation is concluded within the said period.

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Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 20.1.2020 Dhirendra/

Balram Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balram Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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