Allowed

Radhey Shyam Rastogi v. State of U.P. and Another

Allahabad HC11 Jan 2023ABAIL/13525/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to Radhey Shyam Rastogi, an approximately 80-year-old applicant with medical ailments, in a case involving allegations of forgery and corruption. The order directed the submission of a personal bond and two sureties as conditions.

What did the court decide?

Granted anticipatory bail on submission of personal bond and two sureties to the satisfaction of the concerned court, subject to conditions of availability for interrogation and no leaving India witho

Radhey Shyam Rastogi Vs State of U.P. and Another — Corruption | Allahabad HC (2023)

¶1

Court No. - 87

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13525 of 2022

¶3

Applicant :- Radhey Shyam Rastogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.981 of 2019, under Sections 419, 420, 467, 468, 471 and 120-B I.P.C. and Section 13(1)D, 13(2) of Prevention of Corruption Act, Police Station Subhash Nagar, District Bareilly.

¶6

At the relevant time, the accused-applicant, who was employed as Assistant Teacher, was attached in the office of the District Basic Education Officer, Bareilly. Allegation against the accused-applicant and other accused is that they had in furtherance of criminal conspiracy prepared forged transfer orders of the Teachers for consideration and on the basis of these forged transfer orders, several transfers were effected.

¶7

Learned counsel for the accused-applicant submits that accused-applicant has cooperated during the course of investigation. He had retired from service in 2003 and he is now around 80 years of age and is suffering from various ailments.

¶8

In support of his contention that the accused-applicant is not keeping well, some medical papers have been brought on record by way of supplementary affidavit dated 1.1.2023, which has been tendered today in the Court.

¶9

From perusal of the medical record of the accused-applicant, it appears that he is suffering from old age diseases and he is under treatment.

¶10

Learned counsel for the accused-applicant further submits that the accused-applicant has no other criminal antecedent to his credit and he would not avoid the proceedings before the trial court. Considering the advanced stage of the accusedapplicant, he may be enlarged on anticipatory bail. He also submits that few other co-accused have been granted anticipatory bail by this Court and their bail orders have been placed on record.

¶11

On the other hand, Sri J.P.S. Chauhan, learned AGA has opposed the prayer for anticipatory bail, but not disputed the fact that the accused-applicant is in advanced age and he had retired from service in the year 2003 and he has cooperated during the course of investigation.

¶12

Considering the aforesaid facts and circumstances of the case particularity considering the advanced age of the accusedapplicant and his medical condition, this Court is of the view that the accused-applicant entitled to be enlarged on anticipatory bail.

¶13

Thus, it is directed that the accused-applicant (Radhey Shyam Rastogi) shall appear before the court concerned and submit a personal bond and two sureties to the satisfaction of the court concerned. On submission of personal bond and two sureties to the satisfaction of the court concerned, he shall be released on anticipatory bail with the following conditions:-

¶14

(i) That the applicant shall make himself available for interrogation by a police officer as and when required;

¶15

(ii) 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 them from disclosing such facts to the Court or to any police officer;

¶16

(iii) That the applicant shall not leave India without the

¶17

previous permission of the Court; and

¶18

(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section. With the above observation/direction, the anticipatory bail application is disposed of.

¶19

Order Date :- 11.1.2023 Rao/-

¶20

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Radhey Shyam Rastogi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Radhey Shyam Rastogi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Imran Vs State of U.P. and Another

Sarvesh Kumar Vs State of U.P.

Bhudev Singh Vs State of U.P. and Another

Satish Chand Vs State of U.P. and Another

Aman Khan and 5 Others Vs State of U.P. and Another

Ruchin Singhal Vs CBI through Stb