Allowed

Hiresh Saram Saxena v. State of U.P. and Another

Allahabad HC12 Jan 2023ABAIL/620/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to Hiresh Saram Saxena facing arrest in a corruption case. The applicant had cooperated with the investigation. The grant was conditioned on surrendering within 7 days on personal bond and two sureties with standard statutory conditions.

What did the court decide?

Anticipatory bail granted subject to personal bond, two sureties, appearance within 7 days, and standard conditions of arrest avoidance.

Hiresh Saram Saxena 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. - 620 of 2022

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Applicant :- Hiresh Saram Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Sri Kartikeya Saran, learned counsel for the applicant and Sri Ratnendra Kumar Singh, learned A.G.A.

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The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest of the applicant in Case Crime No.097of 2020, under Sections 13 (1) (b) and 13 (2) of the Prevention of Corruption Act, 1988, Police Station Kotwali, District Pilibhit.

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It is alleged that accused-applicant has found to be in possession of movable and immovable property to the extent of Rs. 21,21,491/- from other than the income earned from known sources. The charge sheet has already been filed. It is not disputed that accused-applicant has co-operated during the course of investigation. The accused-applicant was granted interim protection by initial which remained in operation and charge sheet has now been submitted on behalf of accusedapplicant.

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Learned counsel for the accused-applicant submits that accused-applicant has cooperated during the course of investigation and he is not in a position to temper with the prosecution evidence inasmuch as the case is based on documentary evidence and the investigating authority has already been in possession of the every document on the basis of which charge sheet has been filed .

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On the other hand, Sri Ratnendra Kumar Singh, learned AGA has opposed the prayer for anticipatory bail, but not disputed the fact that applicant has cooperated during the course of investigation and charge sheet has been filed.

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Considering the aforesaid facts and circumstances of the case, this Court is of the view that the accused-applicant entitled to be enlarged on anticipatory bail.

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Thus, it is directed that the accused-applicant (Hiresh Saran

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Saxena) shall appear before the court concerned within 7 days 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:-

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

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(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;

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(iii) That the applicant shall not leave India without the previous permission of the Court; and

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(iv) Such other conditions as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section.

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(v) The trial Court may impose any other terms and conditions as it may thinks fit.

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With the above observation/direction, the anticipatory bail application is disposed of.

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Order Date :- 12.1.2023 AKT

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Hiresh Saram Saxena v. State of U.P. and Another

Case brief

What is this about?

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Hiresh Saram Saxena v. State of U.P. and Another

Case brief

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