Allowed

Sanjay Paswan v. State of U.P.

Allahabad HC21 Nov 2022BAIL/39437/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding cheating and criminal breach of trust, the High Court allowed the bail prayer, holding that since the FIR was lodged on government directions and the inquiry report found no illegality impugning the applicant, he is entitled to release.

What did the court decide?

Allowed the bail application; ordered the release of the applicant on a personal bond and two sureties subject to conditions restricting tampering with evidence and witnesses.

Sanjay Paswan Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39437 of 2022

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Applicant :- Sanjay Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Aniruddh Kumar,Udai Chandani Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Udai Chandani, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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Rejoinder affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 130 of 2022, under Sections 409, 420 IPC, Police Station Mohana, District Siddharthnagar during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by the Assistant Development Officer, Development Block, Bardpur, Siddharth Nagar against six named accused persons, including the applicant, who was Chairman of Kshetra Panchayat, Bardpur stating that by means of a letter dated 15.06.2022 issued by the Additional Chief Secretary, State Government and a letter dated 16.06.2022 issued by the Director, Panchayati Raj, U.P. wherein a direction has been issued to lodge an F.I.R. against all concerned persons in respect of certain amount having been transferred in the bank account of co-accused Raj Kumar Chaudhary, Anil Kumar Chaudhary and Ram Sewak out of money that was meant to be transferred to the account of labourers. The F.I.R. makes a reference to some inquiry report and a copy of the inquiry report prepared by the District Development Officer, Siddharth Nagar on 03.02.2022 has been annexed with the affidavit filed in support of the bail application which records no finding that any illegality has been committed by the applicant which make out commission of offence by him. The letter dated 22.03.2022 issued by the District Social Welfare Officer, Siddharthnagar addressed to the Deputy Commissioner, Labour and Employment, Siddharth Nagar has already been annexed with the affidavit which mentions that upon physical verification it was found that all the works have been done but the payment of amount to the job card holders appeared to be suspicious.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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The applicant is languishing in jail since 30.07.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having considered the aforesaid facts and circumstances of the case, it prima facie appears at this stage is that the F.I.R. has been lodged on the directions issued by the State Government and District Social Welfare Officer, Siddharthnagar; neither the F.I.R. contains specific allegation against the applicant of having been committed any such act which amount to an offence not committed by him nor the inquiry report dated 03.02.2022 recording any finding to this effect.

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In view of the aforesaid discussions and without recording any findings on the merit of the case, I am of the view that the applicant is entitled to be released on bail.

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

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Let the applicant Sanjay Paswan be released on bail in Case Crime No. 130 of 2022, under Sections 409, 420 IPC, Police Station Mohana, District Siddharthnagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 21.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.23 10:33:29 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Paswan v. State of U.P.

Case brief

What is this about?

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Sanjay Paswan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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