Allowed

Ashok Sandeep Singh v. State of U.P. and Another

Allahabad HC3 Jul 2024ABAIL/5334/2024

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application for an applicant who was added as an accused during investigation. Relying on a previous order granting bail to named co-accused in the same FIR, the Court held the applicant's case was on better footing and granted bail until the conclusion of trial with standard conditions.

What did the court decide?

Anticipatory bail allowed till conclusion of trial upon furnishing personal bond with two sureties and subject to conditions.

Ashok Sandeep Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:108102

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5334 of 2024

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Applicant :- Ashok Sandeep Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Sri Pankaj Kumar, learned AGA, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Anuj Srivastava, learned counsel for the applicant and Sri P.K.Giri, learned Additional Government Advocate, assisted by Sri Pankaj Kumar, learned AGA, for the State.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.309 of 2018, under Sections 419,420,409,467,468, 471 and 120B IPC Police Station Naini, District Prayagraj during pendency of the trial.

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FIR of the present case was lodged on 16.3.2018 under Sections 419, 420 and 409 IPC against number of accused persons (nonapplicant) and according to the FIR, nominated accused persons were the employees of Sam Higginbottom University of Agriculture, Technology and Sciences ( SHUATS) and they along with government salary were also drawing salary from the SHUATS from different Heads and, therefore, they misappropriated huge amount of public money.

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Learned counsel for the applicant submits that applicant was Clerk in the SHUATS and he was not even named in the FIR. He

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further submits, after considering entire facts, this Court vide order dated 12.2.2024 passed in Criminal Misc. Anticipatory Bail Application No. 14253 of 2023 has released number of coaccused persons on anticipatory bail, who were even named in the FIR and while granting anticipatory bail to them this Bench analyzed entire facts of the case in a very detailed manner and the order passed by this Court has been annexed as Annexure-6 to the affidavit filed in support of the instant anticipatory bail application and case of applicant is on better footing then them.

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He further submits that however investigation with regard to other accused persons has been concluded and charge sheet has been filed against them but till date investigation with regard to the applicant is pending, who was made accused in the present matter during investigation.

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He further submits that police is continuously trying to arrest the applicant and, therefore, considering totality of the facts and circumstances of the case, applicant should be released on anticipatory bail.

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Per contra, learned Additional Advocate General appearing on behalf of the State, however, opposed the prayer for bail but could not dispute the fact that with a very detailed order dated 12.2.2024 number of nominated accused persons have already released on anticipatory bail by this Court and case of applicant is even on better footing then them.

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I have heard learned counsel for the parties and perused the record of the case.

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From the record it reflects that applicant was not named in the FIR and during investigation he was made accused on the ground that he was Clerk in SHUATS and he along with other employees

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of the University misappropriated the public fund as apart from the Government salary they were also drawing the salary from the University but it reflects, vide order dated 12.2.2024 number of other accused persons, who were even named in the FIR, have been released on anticipatory bail with a very detailed order by this Court and it reflects that the case of applicant is even on better footing than them.

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Further, apprehension of arrest raised by applicant cannot be completely brushed aside at this stage considering the fact that investigation with regard to the applicant is still pending.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

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In the event of arrest of the applicant -Ashok Sandeep Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) that the applicant shall not leave India without previous permission of the court;

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(iv) that the applicant shall not temper with the evidence during the trial;

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(v) that the applicants shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 4.7.2024

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SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Ashok Sandeep Singh v. State of U.P. and Another

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Ashok Sandeep Singh v. State of U.P. and Another

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