Dismissed

Deepu Yadav v. State of U.P. and Another

Allahabad HC4 Jan 2023ABAIL/13235/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad dismissed an anticipatory bail application filed by a municipal employee accused of forging a muster roll to collect wages of non-existent employees. The court found prima facie evidence supporting the prosecution case based on investigation records and witness statements, rejecting the claim of false implication.

What did the court decide?

Application for anticipatory bail under Section 438 CrPC dismissed.

Deepu Yadav Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13235 of 2022

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Applicant :- Deepu Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Ambikesh Dhar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Chandra Prakash Misra, learned counsel for the applicant and Sri O.P. Mishra, learned A.G.A. for the State.

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The present application has been filed on behalf of the applicant for anticipatory bail in Case Crime No. 0198 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Kotwali, District Gorakhpur.

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As per prosecution case, the applicant who was deputed at Nagar Nigam, Gorakhpur as a 'safai karmi' prepared a forged muster roll showing some persons, who were not employed at Nagar Nigam on the roll and he received the salary/wages meant for others; in the FIR, it is alleged that one Azad, coworker was shown present for 23 days, Sadrunnisha, who never attended her duty, was also shown present and one Kayamuddin, who was never employed in Nagar Nigam was also shown as a co-worker in the muster roll; it is alleged that between the month of July 2019 to May 2022 by manipulation in the papers, he managed to receive wages of 801 working days to himself; later on, the matter was enquired into and was terminated from his services by Office Order No. 207/सस0 प 0/न 0 आ 0/2022-23 dated 15.07.2022.

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It is contended on behalf of the applicant that he was merely employed as a 'sweeper' and he had no opportunity and occasion for preparing a forged muster roll and that he has been falsely implicated by the authorities in a high handed manner.

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Learned AGA has opposed the bail application but he is not prepared with his arguments.

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I went through the case diary. The evidence has been collected during the investigation that a Committee, to enquire into the matter by the department against the applicant, was formed and the statement of several witnesses were recorded and it was found that not only a fabricated muster roll was

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prepared but a person, who was never employed in the Nagar Nigam, was shown as coming on duty in the papers and payment in his name was taken. He and several others in their statement under Section 161 Cr.P.C. have supported the prosecution case.

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Prima facie, it could not be shown on behalf of the applicant that the FIR was lodged against him just to malign his image or just to humiliate him by getting him arrested in the case. I do not find any good ground to give benefit of anticipatory bail to the applicant, hence, the present anticipatory bail application is dismissed .

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The observation made herein shall not be taken as a comment on merits of the case by the courts below.

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Order Date :- 4.1.2023 #Vikram/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Deepu Yadav v. State of U.P. and Another

Case brief

What is this about?

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Deepu Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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