Allowed

Sunil Kumar Singh v. State of U.P.

Allahabad HC3 Oct 2023BAIL/26103/2023

Case brief

AI extract

What is this about?

In this bail application regarding a criminal case under IPC Sections 409 and 120-B, the Court, finding that the applicant is a government servant who was found guilty only of irregularity and not misappropriation, released him on bail with a personal bond and sureties.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties of like amount.

Sunil Kumar Singh Vs State of U.P. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188956

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26103 of 2023

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Applicant :- Sunil Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Saurabh Kumar Pandey

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Counsel for Opposite Party :- G.A.,Raghvendra Pratap Singh

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Hon'ble Umesh Chandra Sharma,J.

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Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record.

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Heard Sri Saurabh Kumar Pandey, learned counsel for the applicant, Sri Raghvendra Pratap Singh as well as learned A.G.A. for the State and perused the records.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 305 of 2021, under Sections 409 & 120-B I.P.C., Police Station- Maharajganj, DistrictAzamgarh, during pendency of the trial.

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Counsel for the applicant submits that the applicant is a Government Servant posted as Secretary of village Rudrapur and has been falsely implicated in the instant case by the informant who is present Gram Pradhan of the village. It is contended that the amount which was transferred to the contractors/co-accused has already been deposited in the account of Gram Nidhi and as such no loss has been caused to public exchequer/Gram Nidhi. It is next contended that pursuant to the the impugned F.I.R., a departmental inquiry had been initiated against the applicant wherein he has been held guilty of committing irregularity in financial transaction and not for misappropriation of the public fund, consequently his services were restored, however, one increment has been permanently withheld. The criminal history of the applicant has been satisfactorily explained in para 7 & 8 of the affidavit. It is lastly contended that the applicant is in jail since 08.05.2023, in case, he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. as well as learned counsel for the informant,

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has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Sunil Kumar Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.10.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

Sunil Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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