The Allahabad High Court has granted conditional anticipatory bail to Gram Panchayat Officer Rajesh Kumar accused of cheating and prevention of corruption Act.
A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Rajesh Kumar.
The anticipatory bail application under Section 438 CrPC has been filed by the applicant Rajesh Kumar with the prayer to grant anticipatory bail in favour of the applicant in connection with Special Trial under Sections 409, 419, 420, 467, 468, 471 IPC and 7/13 Prevention of Corruption Act, 1988, Police Station Babhani, District Sonbhadra till conclusion of trial.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case.
It is further submitted that during the course of investigation the applicant was granted an order of no coercive action until further orders by a Division Bench of the Court by the order dated 12.3.2024.
It is also submitted that subsequently since the charge sheet in the matter was submitted on 9.4.2024, the writ petition was dismissed.
Counsel for the applicant said that the present dispute relates to the price being paid for benches. In so far as the departmental proceedings are concerned for the same allegations, the same have concluded and the allegations against the applicant could not be proved and as such the proceedings were closed vide order dated 4.4.2024 passed by Block Development Officer, Myorpur, Sonbhadra.
He further said that the orders were passed for recovery of the amount in dispute from the applicant which was challenged before the Court in which coordinate Bench of the Court by order dated 14.5.2024 passed in Writ petition (Rajesh Kumar Vs State of UP and 4 others) passed an order directing that no recovery shall be made from the petitioner therein in pursuance of the orders impugned therein.
Per contra, Counsel for the State vehemently opposed the prayer for anticipatory bail.
“After having heard counsels for the parties and perusing the records, it is evident that the applicant was granted protective order by a Division Bench of this Court during the pendency of investigation. The charge sheet in the matter has been submitted. The departmental proceedings against the applicant have ended in his exoneration. The recovery of the alleged amount as ordered has been stayed by another Bench of the Court,” the Court observed.
The Court ordered that,
Looking to the facts and circumstances of the case, in the event of arrest of the applicant Rajesh Kumar, involved in aforesaid case, he shall be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs 50,000 with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.
(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 him from disclosing such facts to the Court.
(iii) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the concerned court.
In case, the applicant does not cooperate in the proceedings of the trial, the order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.
The Court disposed of the anticipatory bail application under Section 438 CrPC.
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