The Allahabad High Court made absolute the interim anticipatory bail granted to the applicant in a corruption case involving disproportionate assets. The court found no violation of conditions or new material affecting the interim order.
Interim anticipatory bail order dated 01.03.2023 made absolute; applicant released on bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:63269
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 565 of 2023 Applicant :- Gaya Prasad Gautam Opposite Party :- State Thru. C.B.I. /Acb, Lko. Counsel for Applicant :- Pranjal Krishna Counsel for Opposite Party :- Anurag Kumar Singh
Hon'ble Subhash Vidyarthi,J.
"Heard Sri Pranjal Krishna, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I.
The present applicant is apprehending his arrest in Criminal Case No. 646 of 2022 [State v. Gaya Prasad Gautam] arising out of Crime No. RC0062016A0007 u/s 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, P.S. CBI / ACB, Lucknow. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.
Sri Pranjal Krishna has submitted that the applicant joined the government service in Rural Development Department of Government of U.P. in the capacity of Block Development Officer in the year 1985 at Banda, thereafter he served in various districts across the State and his entire service record of 30 years has been unblemished, however, on the basis of false complaint the C.B.I. registered a case / F.I.R. on 11.4.2016 against the present applicant for the allegations of disproportionate assets for limited period i.e. 1.4.2007 to 31.3.2010, however, the period w.e.f. 1985 and after 2010 has not been considered which should have been considered inasmuch as the present applicant has received salary in that period also.
Sri Pranjal Krishna has also stated that after lodging of F.I.R. on 11.4.2016 the petitioner was called to cooperate in the investigation and he cooperated in the investigation properly and did not avoid the process of law. After completion of the investigation the charge-sheet was filed on 24.12.2020 and in that period the petitioner has not been arrested. Now the learned trial court has taken cognizance of the charge-sheet and present applicant is willing to participate in the trial proceedings properly in the same matter he has participated in the investigation proceedings, therefore, the liberty of the present applicant may be protected till conclusion of the trial proceedings.
Sri Anurag Kumar Singh, learned counsel for the C.B.I. has opposed the aforesaid prayer and has submitted that he may be given some reasonable time to file counter affidavit to bring on record the relevant fact and material showing the culpability of the present applicant.
Let the counter affidavit be filed within four weeks, rejoinder affidavit, if any may be filed within two weeks thereafter.
List in the week commencing 17.4.2023.
In the meantime, In the event of arrest, the accused-applicant Gaya Prasad Gautam, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on
furnishing a personal bond of Rs. 1,00,000/- each and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant;
5. that the applicant shall not pressurize/ intimidate the prosecution witness;"
(Subhash Vidyarthi,J.)
Order Date :- 3.10.2023 Preeti.
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to absolute anticipatory bail after furnishing bond and compliance with interim conditions.
2 provisions across 2 enactments
Gaya Prasad Gautam
State Thru. C.B.I. / ACB, Lko.
Subhash Vidyarthi
Preeti Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
