Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State.

This first anticipatory bail application has been filed with regard to Case Crime No. 1212 of 2013, under Sections 120-B read with 409, 419 and 420 IPC, and 13 (2) of Prevention of Corruption Act, Police Station Musafirkhana, District Amethi.

As per contents of First Information Report, certain constructions under government project were commenced on 25.11.2011 but there were continuous allegations of sub standard construction work due to which an inspection took place and report dated 20.06.2012 was also filed. Allegation levelled is also that excess payment was made to the contractors.

It is submitted that applicant has been falsely implicated in the charges levelled against him, although he is nominated in the FIR but despite passing of almost 12 years, no charge sheet has been filed against him despite the fact that he is cooperating in the investigation. It is further submitted that the applicant being an Accountant, there was no occasion for leveling charges of sub standard work against him. It is further submitted that the applicant does not have any previous criminal history.

Learned AGA has opposed anticipatory bail application with the submission that the allegations were inquired into by the Economic Offences Wing which submitted the FIR and although charge sheet has been filed against other persons, investigation vis-a-vis the applicant, is still ongoing. There is nothing adverse against the applicant that he is not cooperated in the investigation or that there is any warrant issued against him.

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the FIR has been lodged in the year 2013 with the allegation of sub standard construction work and of excess payment being made to the contractors. It is surprising that despite almost 12 years having been passed, no police report has been filed in the matter pertaining to the applicant. it is admitted that the applicant does not have any previous criminal history and is cooperating in the investigation.

Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1.

In view of the above, it is provided that in the event of arrest, Jai Karan Singh, shall be released on the applicant, anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the (s) for arresting officer/I.O./S.H.O. investigation/interrogation. concerned call (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection.