Allowed

Sahabzada Singh and Another v. State of U.P.

Allahabad HC20 Jan 2023BAIL/50692/2022

Case brief

AI extract

What is this about?

High Court Criminal Miscellaneous Bail Application granted bail to Assistant Teachers accused of forgery and embezzlion of scholarship funds. The bench noted the applicants were aged around 70 and had faced long incarceration since July 2022, deeming it a fit case to enlarge them on bail with specific court attendance conditions.

What did the court decide?

Applicants granted bail on personal bond with two sureties, subject to conditions ensuring court presence on all dates including framing of charges and Section 313 Cr.P.C.

Sahabzada Singh and Another Vs State of U.P. — Corruption | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50692 of 2022

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Applicant :- Sahabzada Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh,Trivikram Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the parties and perused the material on record.

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The present bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants, Sahabzada Singh and Samiullah Ansari seeking bail in FIR registered at Case Crime No. 141 of 1996, under Sections 409, 420, 467, 468, 471, 477A, 120-B I.P.C. & Section 13(1)(D) r/w. 13(2) of the Prevention of Corruption Act, 1988, Police Station Baghauch Ghat, District Deoria.

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The accused-applicants were working as Assistant Teachers and were Class Teachers in Mahant Triveni Pandit Inter College, Vishnupura Bazar, District Deoria (hereinafter referred to as 'the College').

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Allegation against the accused-applicants is that in session 198384, as per the Government Policy, students belonging to the Scheduled Caste category were given scholarship. Said college received Rs.1,09,674.00/- amount from the Scheduled Castes Social Welfare Officer, Deoria of Government of Uttar Pradesh for distribution of scholarship among the students belonging to the Scheduled Caste category. On inquiry, it was found that aforesaid amount was received on the basis of the forged and fabricated data of the Scheduled Caste candidates in the college, studying in Class-XI and XII. The allegation against the accused-applicant is that they being the Class Teachers supplied forged data to receive more amount for embezzlement, and the said amount was embezzled by the accused-applicants and Principal of the college in furtherance of criminal conspiracy.

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The offence is of year 1982-83. The accused-applicants are retired and aged around 70 years and they have been in jail since 07.07.2022. 6. Considering the long incarceration of the accused-applicants in jail pending trial, I find it to be a fit case to enlarge the accused-applicants on bail.

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7. Let applicants Sahabzada Singh and Samiullah Ansari be released on bail in the aforesaid case on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

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(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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

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(iv) The applicants 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 applicants 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 them in accordance with law.

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Order Date :- 20.1.2023/CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Sahabzada Singh and Another v. State of U.P.

Case brief

What is this about?

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Sahabzada Singh and Another v. State of U.P.

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