Chokhey Singh vs. State Of U.P.

Court No. - 65

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7357 of 2020

Applicant :- Chokhey Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- A Kumar Srivastava,Manish Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saumitra Dayal Singh,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. This anticipatory bail application has been filed on behalf of the applicant - Chokhey Singh, seeking anticipatory bail in Case Crime No. 286 of 2019, under Sections - 420, 467, 468, 471, 120-B I.P.C., Police Station - Kotwali, District - Bareilly, during pendency of trial.

3. Put up this case in the week commencing 18.01.2021, in the additional cause list before the appropriate Bench. By the said date, counter affidavit be filed by learned A.G.A.

4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated inasmuch as he had joined as 'Kanungo' at Nawabganj, Bareilly in the year 06.09.2018. Though he does not dispute that he had forwarded the disputed file under his signature on 29.10.2018, yet, it is also a fact borne out from the record that he realised his mistake and on 02.11.2018, the applicant made a complaint in writing on which an inquiry was instituted. A copy of the said document is annexed with the present application as Annexure No.4. Thus, according to the applicant, he had not played foul but infact, he had informed his superior authorities about the wrong doing.

6. Though the present application has been opposed by learned AGA, at the same time, in the facts of the present case as noted above and keeping in mind the status of the applicant as a government employee and the allegation being with respect to interpolation and fabrication in government record, there is no chance of the applicant fleeing from justice or tampering with the evidence in the meanwhile.

7. Thus, without expressing any opinion on the merits of the

case, the applicant is entitled to interim anticipatory bail in this case, at this stage.

8. In the event of arrest of the applicant - Chokhey Singh, involved in the aforesaid case crime, he shall be released on interim anticipatory bail during the investigation, till the next date fixed, on his furnishing a personal bond of Rs. 50,000/ with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:

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

(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iii) The applicant shall not leave India without the previous permission of the court.

(iv) In default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 5.11.2020 Abhilash