The court granted anticipatory bail to the applicant under Section 438 Cr.P.C. in a corruption case alleging forgery of an order-sheet, noting no criminal antecedents and low risk of absconding.
Anticipatory bail granted on personal bond of Rs. 25,000 with two sureties, conditioned on availability for interrogation and not tampering with witnesses.
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Court No. - 66
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 978 of 2020
Applicant :- Ved Prakash Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Imran Ullah,Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Imran Ullah, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the applicant is Peshkar/Reader in the court of A.D.M. (Finance) and the allegation against him is that in proceeding pending under Section 14(1) of Secruitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) as such order-sheet was maintained by him under Rule 30 of U.P. Revenue Manual and Rules 146 & 253 General Rule (Civil), 1957. It is submitted that applicant has neither forged any order-sheet nor changed it as alleged in the F.I.R., however, complainant Sachin Jain in order to get beneficial order after loosing the case from court of A.D.M. has instituted F.I.R. against applicant maliciously. Till date, there is no complaint that applicant was involved in any corrupt practice in order to constitute offences under Sections 167, 218 I.P.C. and 13(1), 13(2) of Prevention of Corruption Act. It is stated that applicant is a government servant and there is no likelihood of his fleeing away from court of justice or absconding. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Ved Prakash Sharma involved in Case Crime No. 757 of 2019, u/s 13(1), 13(2) Prevention of Corruption Act, and 167, 218 IPC, P.S. Baghpat, District Baghpat, 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 each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(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;
(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.
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.
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.
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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 22.1.2020 Dhirendra/
2 issues framed by the court
Whether anticipatory bail is maintainable when no corrupt practice is alleged or likelihood of fleeing court exists.
Whether investigation must be expedited prior to any arrest order being effected.
1 provisions across 1 enactments
Ved Prakash Sharma
State of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
