Partly allowed

Satya Deo Singh v. State of U.P. and Another

Allahabad HC23 Jan 2023ABAIL/4466/2022

Case brief

AI extract

What is this about?

The court confirmed an interim order granting anticipatory bail to the applicant in a corruption case under the Prevention of Corruption Act and IPC, noting the filing of the charge-sheet and the applicant's cooperation during investigation.

What did the court decide?

Confirmed interim order granting anticipatory bail subject to furnishing personal bond, two sureties, and appearing before the trial Court within ten days.

Satya Deo Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4466 of 2022 Applicant :- Satya Deo Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Ramesh Kumar Pandey, learned counsel for the accused-applicant, as well as Sri S.B. Singh, learned Additional Government Advocate, representing respondent-State, and gone through the record.

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The present application under Section 438 Cr.P.C. has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 159 of 2011, under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C. and Section 13 (1)(d) and 13 (2) of Prevention of Corruption Act, Police Station Colonelganj, District Allahabad.

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The accused-applicant was granted interim protection by this Court vide order dated 22nd November, 2022.

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Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the First Information Report of the present case was lodged on 22.04.2011. During the period of investigation, the applicant has cooperated in the investigation and he had appeared on 16.11.2011 and then on 01.10.2014 before the Investigating Officer and his statement was recorded. Para 3 of the supplementary affidavit dated 28.07.2022 has been placed before the Court. It is further argued while placing para 5 of the said supplementary affidavit that the applicant has retired as a bank manager and is aged about 71 years as of now. It is further argued that the applicant shall undertake cooperate during investigation.

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Sri S.B. Singh, learned Additional Government Advocate, on instructions, states that charge-sheet has already been filed.

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The offence allegedly was committed in the year 2011. The FIR was registered on 22nd April, 2011. The investigation of the offence continued for 10-11 long years and thereafter charge-sheet has been filed. The accused-applicant who was the Bank Manager, got retired from the service.

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Considering the fact that charge-sheet has already been filed, the accused-applicant has cooperated during course of investigation and his statement got recorded, there is no likelihood of him tampering with the evidence or fleeing from judicial system. He is aged about 72 years of age.

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Considering these facts, the interim order dated 22nd November, 2022 is required to be confirmed and it is confirmed. It is provided that applicant Satya Deo Singh shall appear before the trial Court within ten days from today and furnish a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. On furnishing personal bond and sureties, the applicant Satya Deo Singh shall be admitted on bail in Case Crime No. 159 of 2011, under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C. and Section 13 (1)(d) and 13 (2) of Prevention of Corruption Act, Police Station Colonelganj, District Allahabad, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) 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.

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[Dinesh Kumar Singh, J.]

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Order Date :- 23.1.2023/Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Satya Deo Singh v. State of U.P. and Another

Case brief

What is this about?

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Satya Deo Singh v. State of U.P. and Another

Case brief

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