Kashi Nath Yadav vs State of U.P.

Vijay Kumar Verma, J.—Supplementary-affidavit has been filed by the applicant, which is taken on record.

The applicant Kashi Nath Yadav was serving as S.I. (M.T.) in police department of Uttar Pradesh. An F.I.R. was lodged on 14.3.2007 by the complainant Lakshmi Narayan Shukla S/o Chandrika Prasad Shukla at P. S. Kotwali, district Fatehpur, where a case under Sections 419, 420, I.P.C. and 7/13 of Prevention of Corruption Act was registered against the applicant. The allegations made in the F.I.R., in brief, are that on the assurance of the applicant to get the son of complainant employed in U. P. Police, a sum of Rs. 2,05,000 (Rupees two lac five thousand) was paid to him on 5.10.2005 after withdrawing the said amount from State Bank of India, Varanasi, by Sushri Sarojni Ma Acharya of Swabodh Ashram, Varanasi. The said amount is said to have been paid on behalf of the complainant to the applicant Kashi Nath Yadav at Fatehpur. Further, case of the prosecution is that in spite of receiving aforesaid amount, the applicant could not get the son of the complainant employed in police service and also did not return the money.

It is submitted by learned Counsel that it is a case of civil nature. It is also submitted that the applicant has been falsely implicated in this case and no money was paid to him as alleged in the F.I.R.

Although certain other arguments have also been made by the learned Counsel on the merit of the bail application, but lastly it is submitted that the applicant is ready to deposit the entire amount, which is said to have been paid to him for getting the son of the complainant employed in police service. Consent to deposit the said amount has been given in the supplementary-affidavit, which has been filed today.

The applicant is in jail since 22.6.2008. Although, due to deposit of the amount by the applicant, the offences would not be wiped out, but taking into consideration overall facts, I consider it appropriate to admit the applicant to bail.

Accordingly subject to the condition of depositing Rs. 2,05,000 (Rupees two lac five thousand) before the Court concerned, let the applicant Kashi Nath Yadav S/o Baijnath Yadav be released on bail in Case Crime No. 107 of 2008, under Sections 419, 420, I.P.C. and 7/13 of P.C. Act, P. S. Kotwali, district Fatehpur on his executing a personal bond for Rs. 25,000 and furnishing two sureties each in the like amount to the satisfaction of the Court concerned and executing an undertaking in the following terms:

That the applicant shall cooperate with speedy trial.

He shall not tamper with the prosecution evidence by intimidating the witnesses.

He shall not leave India without seeking prior permission of the trial court till conclusion of the trial.

Aforesaid amount shall be deposited by the Court concerned in fixed deposit in any Nationalized Bank initially for a period of one year, which shall be renewed thereafter on year to year basis and shall be refunded with accrued interest to the applicant in case he is finally acquitted in aforesaid case. In case of conviction, entire amount with accrued interest shall be paid to the complainant Laxmi Narain Shukla and after him to his legal heirs.

A copy of this order be sent by the office to the complainant by registered post for information.