Tayyab Ali Vs State of U.P.

Neutral Citation No. - 2023:AHC:128410

Court No. - 51

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6210 of 2023

Applicant :- Tayyab Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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1.This application has been moved on behalf of the applicant Tayyab Ali seeking anticipatory bail in Case Crime No.236 of 2022, under Sections 420,409 IPC P.S. Delhi Gate, District Meerut.

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Heard Rakesh Kumar Gupta, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It has been alleged that the accused-applicant while working as Teacher in the Government College and misappropriated the public fund and used it for his own benefits. It is also alleged that that the In-charge Principal of the aforesaid College co-accused Alijan deposited Rs.2,30,000/-through check on 8.2.2022 in the bank account of the present accused-applicant.

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It appears from the perusal of the record that the amount which is said to be deposited in the bank account of the present accusedapplicant has not been deposited and in this connection a statement of account has been submitted by the accused-applicant which is annexed with the affidavit filing in support of the Anticipatory Bail Application.

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It is submitted by learned counsel for the applicant that the coaccused Ali Jaan, In-charge Principal of the aforesaid College has already been granted Anticipatory Bail by this Court passed in Criminal Misc. Anticipatory Bail Application No. 1827 of 2023 vide order dated 31.3.2023. It is also submitted that the applicant has no criminal history. Nothing has been recovered from a place under his control or possession. The investigation of the case is going-on and charge-sheet has not been filed. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate in the

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investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till filing of police report under Section 173(2) Cr.P.C. before the Competent Court.

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The application is allowed accordingly.

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In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/with two sureties each in the like amount to the satisfaction of Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required.

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(ii) 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/her from disclosing such facts to the Court or to any police office.

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicant.

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Order Date :- 23.6.2023 Akbar

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Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Tayyab Ali v. State of U.P.

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Tayyab Ali v. State of U.P.

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