Arvind Kumar Singh Vs State of U.P. and 2 Others

Neutral Citation No. - 2023:AHC:189517

Court No. - 78

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8929 of 2023

Applicant :- Arvind Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Harsh Kumar Anand,Atipriya Gautam,Sr. Advocate,Vinod Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard Shri Vijay Gautam, learned Senior Advocate, assisted by Shri Vinod Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 320 of 2019, under Section 13(1)(b)/13(2) Prevention of Corruption Act, Police Station Sadar Bazar, District Saharanpur with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned Senior Advocate appearing for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas, there is no credible evidence against him. Learned Senior Advocate submitted that the applicant is innocent and he has been falsely implicated in this case. Referring to facts of the matter, it was pointed out that as per prosecution version, the complaint was made by one political leader against the applicant in the year 2012, making allegations that applicant/accused, while working as Sub-Inspector in police, has acquired funds/properties disproportionate to his known sources of income. On the said complaint, the first information report was registered on 16.05.2019, after about 7 years. After investigation, charge-sheet has been filed on 13.04.2022. As per prosecution version, during the check period of 27.03.2003 to 31.12.2012, the applicant has earned income of Rs. 45,73,993/-, whereas, during corresponding period, he has acquired assets/properties worth Rs.

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75,62,848/- and in this way assets/properties worth Rs. 29,88,855/- were shown disproportionate to the known sources of income of applicant. Learned Senior Advocate has referred the letter issued by Tehsildar to the S.P., Anti corruption, stating that during the check period, the applicant has earned an amount of Rs. 21,54,561/- from agriculture land but that amount has not been taken into consideration while considering the income of the applicant/accused. It was submitted that applicant/accused has agricultural land in District Bulandshahar. Further, there is difference in the income of applicant as shown in the first information report and in the charge-sheet. The investigation of the case is already complete and charge-sheet has been submitted in the Court and thus, applicant is no more required for investigation. Learned counsel has also referred case of Dinesh Kumar Vs. State of U.P. (Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 4615/2023, decided on 26.04.2023) and submitted that in the similar matter, the anticipatory bail was granted on the ground of long delay in the first information report. The applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail submitted that applicant/accused, while working as public servant/Sub Inspector in police, has acquired assets/properties disproportionate to his known sources of income.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of

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accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Arvind Kumar Singh in the aforesaid case crime, 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 the Station House Officer of the police station concerned/Court below concerned with the following conditions :-

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(i) the applicant shall make himself available for interrogation by the police 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/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 3.10.2023 Suraj

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Digitally signed by :- SURAJ YADAV High Court of Judicature at Allahabad

Arvind Kumar Singh v. State of U.P. and 2 Others

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Arvind Kumar Singh v. State of U.P. and 2 Others

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