Disposed

Bharat Lal v. State of U.P. and Another

Allahabad HC18 Oct 2024ABAIL/9807/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a police constable accused under Section 409 IPC in a case involving processing of his own medical bill. Suspension revoked and alleged amount deposited. Court granted anticipatory bail till submission of police report with conditions.

What did the court decide?

Applicant released on anticipatory bail till submission of police report under S.173(2) Cr.P.C., on personal bond of Rs.50,000 with two sureties, with conditions.

Bharat Lal vs State of U.P. and Another — Corruption | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:165836

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Court No. - 67

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9807 of 2024 Applicant :- Bharat Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 379 of 2024, under Section 409 I.P.C., Police Station Kotwali, District Ghazipur.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The medical bill of the applicant was processed in accordance with the rules and as per the details mentioned in the health card. The suspension of the applicant has been revoked by the order dated 09.07.2024 and the disciplinary proceedings are pending against him. The alleged amount has been deposited in the Government treasury. The applicant is a constable in the U.P. Police. Further, co-accused Sant Saran Singh has been granted anticipatory bail by this Court vide order dated 03.10.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9272 of 2024, Sant Saran Singh v. State of U.P. and another. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that the suspension of the applicant has been revoked, the alleged amount has been deposited in the Government treasury and the co-accused Sant Saran Singh has been granted anticipatory bail, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Bharat Lal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 18.10.2024 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Bharat Lal v. State of U.P. and Another

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Bharat Lal v. State of U.P. and Another

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