High Court

Heard learned Counsel for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No.251 of 2024, under Section 409 IPC, Police Station Sandila, District Hardoi. From perusal of the order sheet, it appears that on 13.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No. 251 of 2024, under sections 409 of IPC P.S.- Sandila District -Hardoi. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is Village Development Officer and he was never involved in committing offence. He added that inspection was done of the work of Lumamau Road to Jhabar Drain, Chak Marg and certain recovery has been imposed upon the applicant including the other co-accused persons which is infact the civil liability. He added that infact the work was not completed and in between the inspection was done and therefore, shortcomings were found by the authorities and inadvertently, the recovery has been imposed and first information report has been lodged against the applicant including other co- accused persons for committing offence. Adding his arguments, he submits that in fact no misappropriation has ever been done or any breach of trust has ever been committed and the applicant has no involvement in the present matter. He also added that the applicant is cooperating with the investigation proceedings. Learned counsel for the applicant submits that co-accused Ankita Dixit having similar role has been granted benefit of anticipatory bail application vide order dated 5.11.2024 in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2484 of 2024 and he also undertakes that he would always cooperate with the trial proceedings. He also added that there is acute apprehension that the applicant be arrested by the police thus, submission is that he may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is named in the first information report and there are ample evidence against her that he has committed offence as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Sushil Pal @ Sushil Kumar Pal shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the week commencing 16 December, 2024. In the meantime, the State as well as opposite party no. 2, may file their counter affidavits." From perusal of the order dated 13.11.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Sushil Pal @ Sushil Kumar Pal till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 22.1.2025 kkv/

Heard learned Counsel for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No.251 of 2024, under Section 409 IPC, Police Station Sandila, District Hardoi. From perusal of the order sheet, it appears that on 13.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No. 251 of 2024, under sections 409 of IPC P.S.- Sandila District -Hardoi. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is Village Development Officer and he was never involved in committing offence. He added that inspection was done of the work of Lumamau Road to Jhabar Drain, Chak Marg and certain recovery has been imposed upon the applicant including the other co-accused persons which is infact the civil liability. He added that infact the work was not completed and in between the inspection was done and therefore, shortcomings were found by the authorities and inadvertently, the recovery has been imposed and first information report has been lodged against the applicant including other co- accused persons for committing offence. Adding his arguments, he submits that in fact no misappropriation has ever been done or any breach of trust has ever been committed and the applicant has no involvement in the present matter. He also added that the applicant is cooperating with the investigation proceedings. Learned counsel for the applicant submits that co-accused Ankita Dixit having similar role has been granted benefit of anticipatory bail application vide order dated 5.11.2024 in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2484 of 2024 and he also undertakes that he would always cooperate with the trial proceedings. He also added that there is acute apprehension that the applicant be arrested by the police thus, submission is that he may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is named in the first information report and there are ample evidence against her that he has committed offence as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Sushil Pal @ Sushil Kumar Pal shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the week commencing 16 December, 2024. In the meantime, the State as well as opposite party no. 2, may file their counter affidavits." From perusal of the order dated 13.11.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Sushil Pal @ Sushil Kumar Pal till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 22.1.2025 kkv/