Partly allowed

Ram Pyari v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC9 Sept 2024ABAIL/2050/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim anticipatory bail to Ram Pyari in a corruption case, noting the FIR date (1991) versus charge-sheet date (2016), her absence from the FIR, and lack of criminal antecedents, relying on Sushila Aggarwal.

What did the court decide?

Granted interim anticipatory bail subject to personal bond, two sureties, cooperation in investigation, reporting to police, and not leaving India without permission.

Ram Pyari vs State of U.P. Thru. Prin. Secy. Home Lko. — Corruption | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2050 of 2024

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Applicant :- Ram Pyari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Harendra Pratap Singh,Hari Bux Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Supplementary Affidavit filed by learned counsel for the applicant is taken on record.

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The present application has been filed by the applicant Ram Pyari seeking anticipatory bail in Case Crime No.173 of 2002, under section 218, 409, 419, 420, 467, 468, 471, 120B IPC and Section 13(1)(C)(D), 13(2) Anti Corruption Act, 1988, Police Station Fatehpur Chaurasi, District Unnao.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

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Learned counsel for the applicant submits that the applicant is a lady, aged about 62 years. In the year 1991 she was posted as ANM. The First Information Report was registered in the year 1991. The applicant was not named in the F.I.R. She was not interrogated by the Investigation officer. None of the prosecution witnesses has taken the name of the applicant. Chargesheet was filed wayback in the year 2016, however, Anti Corruption Bureau Lucknow is calling her on her mobile phone. It is submitted that the applicant is innocent. There is no material against the applicant.

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Learned A.G.A. submits that the applicant is the recipient of the money, which is alleged to have been

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received by her while holding public office.

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Perused the record.

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Considering the fact that the incident is of the year 1991, charge-sheet has been filed in the year 2016, the applicant is not named in the F.I.R., she has no criminal antecedents, she undertakes to cooperate in the investigation, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant shall cooperate in the investigation and she will not influence the witnesses. The accusedapplicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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

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List on 25.9.2024.

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In the meantime, learned A.G.A. shall file

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objections/counter affidavit.

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Order Date :- 9.9.2024 Madhu

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Ram Pyari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Ram Pyari v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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