Shailendra Gupta Vs State of U.P. Thru. Sit/Gomti Nagar — Corruption | Allahabad HC (2024)

Shailendra Gupta Vs State of U.P. Thru. Sit/Gomti Nagar — Corruption | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted in the event of arrest in case crime No.02/2015 on furnishing a personal bond with two sureties each in the like amount, subject to conditions, with protection operating till filing of the police report u/s 173(2) Cr.P.C.

Issue for consideration

Whether the applicant, Shailendra Gupta, is entitled to anticipatory bail under Section 438 Cr.P.C. in case crime No.02/2015, P.S. SIT, Gomti Nagar, District Lucknow.

Court's answer

In the event of arrest, the applicant shall be released on anticipatory bail in case crime No.02/2015 on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned.

Ratio / Principle

Liberty of the applicant protected till filing of the police report under Section 173(2) Cr.P.C., in view of the dictum of the Apex Court in Sushila Aggarwal; the Court expressed no opinion on the merits, considering the nature of accusation, absence of criminal antecedents, the applicant's undertaking to cooperate in the investigation, and the initial stage of investigation.

Key takeaways

Bail subject to conditions: the applicant shall cooperate in the investigation and not influence witnesses; remain present when called by the arresting officer/I.O./S.H.O.; not leave India without previous permission of the Court; and on default the investigating agency may move for vacation of the interim protection.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) granted to Shailendra Gupta, formerly posted as Chart Room Incharge at a B.Ed examination centre of Dr. Bhim Rao Amedkar University (2003-09), in case crime No.02/2015, P.S. SIT, Gomti Nagar, District Lucknow, under Sections 120(B) read with Sections 201, 204, 420, 409, 464, 467, 468, 471 IPC and Sections 13(1)d (2) (3) PC Act, alleging conspiracy with co-accused and forgery in the B.Ed 2004-05 tabulation chart and issuance of tampered mark-sheets. FIR of 2012; investigation at initial stage; co-accused Mahipal Singh and Rajesh Chopra already enlarged on anticipatory bail by the Court (orders dated 31.07.2024); applicant retired with unblemished career, no criminal antecedents, and undertook to cooperate. Held: in the event of arrest, applicant to be released on anticipatory bail on personal bond with two sureties each in the like amount, with conditions (cooperation, no influence on witnesses, availability for interrogation, no departure from India without permission; default enables vacation application), protection extending till filing of police report u/s 173(2) Cr.P.C., in view of the dictum in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98, without expressing any opinion on merits. Application disposed of.

Neutral Citation No. - 2024:AHC-LKO:52342

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1184 of 2024

Applicant :- Shailendra Gupta Opposite Party :- State Of U.P. Thru. Sit/Gomti Nagar Counsel for Applicant :- Ratnesh Chandra,Smt. Padma Verma,Sunit Kumar Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Counter filed by the State is taken on record.

The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.02/2015, under Sections 120(B) read with Section 201, 204, 420, 409, 464, 467, 468, 471 of IPC and Sections 13(1)d (2) (3) of PC Act, P.S. SIT, Gomti Nagar, District Lucknow.

Heard learned counsel for the applicant and learned A.G.A. for the State.

In the prosecution case it is alleged that applicant who was posted in the B.Ed Examination Centre in the Dr. Bhim Rao Amedkar University during 2003-09 as a Chart Room Incharge he has not adhered with his official duty and by hatching conspiracy with the co-accused has committed forgery in the tabulation chart of B.Ed session 2004-05 and had issued the tampered mark-sheets.

Learned counsel for the applicant submits that applicant is innocent, he has retired with unblemished career and has no criminal antecedent. Incident is of the year 2004-05. F.I.R. has been lodged in the year 2012 however, investigation has just begun this year. He submits that other co-accused person namely, Mahipal Singh and Rajesh Chopra have been enlarged

on bail by this Court vide order dated 31.07.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 No.1390 of 2024 and 1035 of 2024 respectively. Applicant seeks parity with the bail orders of aforesaid co-accused persons who was on similar footing have been granted anticipatory bail.

Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.

Learned counsel for the applicant further submits that he will cooperate in the investigation.

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation, investigation is at initial stage, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicant- Shailendra Gupta shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for

investigation/interrogation.

(3) The applicant shall not leave India without previous permission of the Court.

(4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

The application disposed of.

Order Date :- 31.7.2024 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench