Single judge of Allahabad High Court rejected anticipatory bail application. Court found prima facie complicity of applicant in cash embezzlement during toilet construction project based on District Magistrate report.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5853 of 2021
Applicant :- Arun Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Grijesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Girijesh Tiwari, learned counsel for the applicants and learned AGA for the State and perused the material on record.
The present anticipatory bail application initially was registered as case crime no. 107 of 2021, under Section 409 IPC, P.S. Auraiya, District Auraiya.
From the record, it is evident that the applicants have approached this Court straightway without their anticipatory bail rejected from the court below.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
The FIR was registered by one Shiv Kumar Pathak, Sahayak Vikas Adhikari against three named accused persons including Arun Kumar Tiwari pursuant to the direction given by Sri Abhishek Singh, District Magistrate, Auraiya on 23.12.2020.
I have gone through the parent order of the District Magistrate, Auraiya in which prima facie, the complicity of the applicant is established as per the
report of District Magistrate, Auraiya and consequently, this FIR is being lodged. There is serious allegation of syphoning of Govt. money in raising the construction of toilet in rural areas. Thus, giving a panoramic view of the matter the Court is not inclined to exercise its powers in favour of the applicant, and thus the present anticipatory bail application is hereby rejected.
Order Date :- 29.7.2021 Abhishek Sri.
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving allegations of syphoning of government funds.
Arun Kumar Tiwari
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
