Allahabad High Court: A miscellaneous bail application was decided by a Single Judge Bench comprising of Suneet Kumar, J., wherein the Court declined to enlarge the applicant on bail who was an accused under the Prevention of Corruption Act, 1988.
A case under Sections 386, 120B, 392 and 411 IPC along with Sections 7 and 8 of PC Act was registered against the applicant who was the Additional Road Transport Officer (Enforcement). Learned counsel for the applicant submitted that the applicant was falsely implicated in the case; he was not present at the scene of incident that was alleged in the FIR; the charge-sheet had already been filed; and thus the applicant may be enlarged on bail. On the other hand, the Additional Government Advocate along with the prosecution witness, opposed the bail application submitting that the applicant was an influential person and would interfere with the investigation in the case.
The High Court perused the record and found that the applicant was indeed an influential person having contacts in political and power circles. His assets were disproportionate to his income. He was involved with huge business concerns in eastern U.P. The Court was also of the view that he managed to influence the Investigating Officer and thus interfered with the investigation. Further, the prosecution witnesses stated that they were receiving threats by and on behalf of the applicant. The Court found that the conduct of the applicant was such that would jeopardize criminal administration of justice.
The Court was convinced that there was a serious threat to the prosecution witnesses; further, there was likelihood that the applicant may destroy the evidences, or was likely to commit more offences during the period of his release on bail. The Court was of the opinion that the applicant was not entitled to be enlarged on bail at the stage in interest of society; and the bail application was accordingly dismissed. [Radhey Shyam Yadav v. State of U.P., Criminal Misc. Bail Application No. 37688 of 2017, dated 01-12-2017]
