Allowed

Harish Kumar v. State of U.P.

Allahabad HC7 Jun 2021BAIL/2162/2021

Case brief

AI extract

What is this about?

This judgment allows bail to Harish Kumar, a Class III employee accused under Sections 409 and 477-A IPC for embezzlement, citing jail overcrowding during the pandemic, his ministerial role, clean record, and cooperation.

What did the court decide?

Applicant Harish Kumar released on bail with personal bond and two sureties subject to conditions regarding court attendance and prohibition of misuse of liberty.

Harish Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2162 of 2021

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Applicant :- Harish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Shivajee Singh Sisodiya, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No.355 of 2019 at Police Station-Dataganj, District-Budaun on 18.11.2019 under Sections 409, 477-A IPC.

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The bail application of the applicant was rejected by learned Special Judge (POCSO Act), Budaun on 08.09.2020.

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The applicant is in jail since 04.12.2019, pursuant to the said F.I.R.

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Sri Shivajee Singh Sisodiya, learned counsel for the applicant contends that the allegations regarding alleged embezzlement pertained to the period extending from 2007 to 2019. The applicant has been made a scapegoat. The applicant has been implicated on the footing of an ex parte departmental enquiry, which was made only to protect superior officials and to falsely implicate the subordinate officials like the applicant. The recovery orders against the concerned

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officials have already been stayed by the Lucknow Bench of this Court. The applicant is a Class III employee. He has a good record of service. He does not have any decisive role in handling and release of public funds. He performs only ministerial functions. The applicant does not have any criminal history. Lastly it is submitted by Sri Shivajee Singh Sisodiya, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Shivajee Singh Sisodiya, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Harish Kumar be released on bail in Case Crime No.355 of 2019 at Police StationDataganj, District-Budaun registered on 18.11.2019 under Sections 409, 477-A IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him in accordance with law, under Section 174-A of the

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Indian Penal Code.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 7.6.2021 Ashish Tripathi

Harish Kumar v. State of U.P.

Case brief

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Harish Kumar v. State of U.P.

Case brief

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