High Court
Case Details
Court No. - 49 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3057 of 2023 Applicant :- Satyendra Singh Gangwar Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Mishra,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Legal Reasoning
Heard Shri Vinay Saran, Senior Advocate assisted by Shri Pradeep Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record. Present application has been filed by the applicant Satyendra Singh Gangwar invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 36 of 2006, under Sections 409, 420, 467, 468, 471, 477-A, 120-B, 34 IPC and Section 13(2) of Prevention of Corruption Act, Police Station Maniyar, District Ballia. Perusal of the record shows that the prayer for second anticipatory bail of the applicant has already been rejected by the court below vide its order dated 02.02.2023. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has further submitted that the applicant is retired Chief Finance and Accounts Officer and at the relevant time, he was posted as In-Charge Project Director at District Ballia for about two months. The allegation as per FIR version lodged in 2006 is that at Block Maniyar, out of 51 projects, two projects were not completed and public money was misappropriated. Learned counsel for the applicant has further submitted that after investigation, it was revealed that projects were duly completed and payments to the labourers were also made and as per the Scheme, even food-grains were distributed and the relevant record was also submitted. Learned counsel for the applicant has further submitted that FIR was lodged in 2006 and the investigation continued for a period of 13 years and charge-sheet was ultimately submitted in 2019, on the basis of which, the cognizance was taken on 27.05.2022, pursuant to which, he has been summoned to face trial. Learned counsel for the applicant has further submitted that in other similar cases, the applicant has already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 35929 of 2020 and 44153 of 2020 vide orders dated 21.10.2020 and 08.12.2020 respectively. Learned counsel for the applicant has further submitted that the applicant was a public servant, aged about 70 years and has no criminal antecedents and has not been convicted by any court of law. He has further submitted that the applicant shall render all co-operation and assistance during trial. He has further submitted that there is no possibility of applicant fleeing away from judicial process or tampering with the evidence. The applicant is ready to furnish a personal bond and reliable sureties.