# Harendra Singh v. State of U.P - **Citation:** (2016) 3 ILRA 860 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-02-22 - **Bench:** Karuna Nand Bajpayee - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/harendra-singh-v-state-of-u-p-43614 - **Pages:** 4 ## Headnote Criminal Law - Bail Application - Sections 420, 406, 171, 411 I.P.C. - Applicant not named in F.I.R. - No proper identification parade - Alleged recovery - Cheating and criminal breach of trust - Amount of Rs.10 lacs - Compensation to family of Martyr - Impersonating himself as an army man - Wearing the dress of Indian Army - Recovery of army dress - Recovery of Rs.1,64,000/- - Nature and gravity of offence - No case for bail - Bail rejected This application has been filed seeking the release of the applicant on bail in Case Crime No.190 of 2013, u/s 420, 406, 171, 411 I.P.C., Police Station-Kosi Kalan, District-Mathura. (Para 1) Submission of counsel for the applicant is that the applicant is not named in the F.I.R. and the prosecution version rests upon the alleged recovery without any independent witness. Further submission is that no proper identification parade has been performed and the applicant has been implicated on the basis of his alleged confessional statement. It has been further submitted that the entire prosecution story as stated against the applicant is false, fabricated and baseless, despite which the applicant is in jail since 01.05.2013. It has been also submitted that earlier the applicant was falsely implicated in one another criminal case registered as Case Crime No.356 of 2008, u/s 420 and 406 I.P.C. in which the applicant was released on bail and as such the applicant is entitled to release on bail.(Para 4) Learned A.G.A. has strenuously opposed the prayer for bail and has submitted that the present case relates with the cheating and criminal breach of trust in respect of an amount of Rs.10 lacs awarded by the Government of India and the State Government as compensation to the family of Martyr Hemraj, who was a member of Indian Army and who made the supreme sacrifice at Pakistan border on 8.01.2013. The said amount of Rs.10 lacs was deposited into the account of widow of Martyr Hemraj namely Dharmwati in State Bank of India, Branch Chhata. After the death of Martyr Hemraj, army persons and officials were continuously visiting the house of Smt. Dharmwati situated at Sher Nagar, Police Station-Koshi Kala, District-Mathura. On 5.4.2013, the accused applicant came to the house of Smt. Dharmwati impersonating himself as an army man by using the name plate of Amit Kumar and wearing the dress of Indian Army and informed the lady that he has come from army headquarter. The accused-applicant any how deceived the lady and took her to the Branch-Chhata of State Bank of India and got the said amount of Rs.10 lacs withdrawn under the pretext of preparation of fixed deposit in favour of children of the lady from Bukhran Gramin Bank. After getting the said amount, the accused-applicant placed it into his bag and thereafter he flew away. After registration of F.I.R. on 5.4.2013 at 16.30 O'clock, the investigation had commenced and during the course of investigation it came into picture that th ## Text 860 INDIAN LAW REPORTS ALLAHABAD SERIES approach the Court but the Principal Secretary has clubbed the petitioner as also these others in the same category and rejected his claim only for the reason others would also claim same benefit which is apparently unreasonable and unfair. Even discretion has to be exercised in a fair and reasonable manner keeping in mind the object for which the relevant rules bestowing such discretion have been made and not to defeat its purpose. 11. As far as second reasoning is concerned, the Principal Secretary has not pointed out as to what were the special circumstance in the Pharmacists cadre which were considered in the judgments referred in the impugned order so as to make them incapable, in the case of the petitioner and deny him the benefit of the same. He has brushed aside the plea of the petitioner mechanically. 12. In any case for the reasons already mentioned herein above, this Court does not find the impugned order to be justifiable nor reasonable. The concerned official has failed to appreciate the exceptional factual circumstances in correct prospective in the light of the object of the Rules of 1992. 13. The Principal Secretary has taken the impugned decision without consulting the Subordinate Service Commission which was mandatory under the provisions of Rule 3 of the Rules 1993. 14. For the reasons aforesaid, the impugned order is quashed considering the fact that the selection is at a stage where the applications have been received online but thereafter no substantial progress has been made and also considering the constraint of time, if the matter is relegated back it would cause grave prejudice to the rights of the petitioner and as there are sufficient reasons for granting relaxation in the maximum age prescribed at least to the petitioner, who had approached the Court prior to 29.01.2016 and not granting such relaxation will be unreasonable and will cause irreparable prejudice to him, therefore, the maximum age prescribed shall be treated as relaxed to the extent the petitioner has overshot it, for the purpose of consideration of petitioner in the selection referred herein above and his case shall be considered accordingly for selection and appointment for the post in question. 15. Needless to say that this order has been passed in the peculiar facts and circumstances which have arisen in this case and shall not be treated as a precedent. 16. The writ petition stands allowed in the aforesaid terms. --------- ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 22.02.2016 BEFORE THE HON'BLE KARUNA NAND BAJPAYEE, J. Criminal Misc. Bail Application No.- 3578 of 2015 Harendra Singh . ...Applicant Versus State of U.P. ...Opposite Party 3 All. Harendra Singh Vs State Of U.P. 861 Counsel for the Applicant: Vivek Nand Rai, R. Kumar,Sunil Kumar Singh Counsel for the Opposite Party: Govt. Advocate Criminal Law - Bail Application - Sections 420, 406, 171, 411 I.P.C. - Applicant not named in F.I.R. - No proper identification parade - Alleged recovery - Cheating and criminal breach of trust - Amount of Rs.10 lacs - Compensation to family of Martyr - Impersonating himself as an army man - Wearing the dress of Indian Army - Recovery of army dress - Recovery of Rs.1,64,000/- - Nature and gravity of offence - No case for bail - Bail rejected This application has been filed seeking the release of the applicant on bail in Case Crime No.190 of 2013, u/s 420, 406, 171, 411 I.P.C., Police Station-Kosi Kalan, District-Mathura. (Para 1) Submission of counsel for the applicant is that the applicant is not named in the F.I.R. and the prosecution version rests upon the alleged recovery without any independent witness. Further submission is that no proper identification parade has been performed and the applicant has been implicated on the basis of his alleged confessional statement. It has been further submitted that the entire prosecution story as stated against the applicant is false, fabricated and baseless, despite which the applicant is in jail since 01.05.2013. It has been also submitted that earlier the applicant was falsely implicated in one another criminal case registered as Case Crime No.356 of 2008, u/s 420 and 406 I.P.C. in which the applicant was released on bail and as such the applicant is entitled to release on bail.(Para 4) Learned A.G.A. has strenuously opposed the prayer for bail and has submitted that the present case relates with the cheating and criminal breach of trust in respect of an amount of Rs.10 lacs awarded by the Government of India and the State Government as compensation to the family of Martyr Hemraj, who was a member of Indian Army and who made the supreme sacrifice at Pakistan border on 8.01.2013. The said amount of Rs.10 lacs was deposited into the account of widow of Martyr Hemraj namely Dharmwati in State Bank of India, Branch Chhata. After the death of Martyr Hemraj, army persons and officials were continuously visiting the house of Smt. Dharmwati situated at Sher Nagar, Police Station-Koshi Kala, District-Mathura. On 5.4.2013, the accused applicant came to the house of Smt. Dharmwati impersonating himself as an army man by using the name plate of Amit Kumar and wearing the dress of Indian Army and informed the lady that he has come from army headquarter. The accused-applicant any how deceived the lady and took her to the Branch-Chhata of State Bank of India and got the said amount of Rs.10 lacs withdrawn under the pretext of preparation of fixed deposit in favour of children of the lady from Bukhran Gramin Bank. After getting the said amount, the accused-applicant placed it into his bag and thereafter he flew away. After registration of F.I.R. on 5.4.2013 at 16.30 O'clock, the investigation had commenced and during the course of investigation it came into picture that the accused-applicant has been lodged in jail in connection with some another case as Case No.259 of 2012 arising out of Case crime No.356 of 2008, pending before the Court of learned A.C.J.M.-III, Agra and as such the Investigating Officer obtained warrantB for accused-applicant in respect of present criminal case in question and thereafter the accused-applicant was taken into custody in the present case. Learned A.G.A. has further submitted that above named lady Smt. Dharmwati and other witnesses have also identified the accused-applicant and the Investigating Officer, after obtaining police custody remand of the accused-applicant, had recovered the army dress, the belt, cap, shoes etc. as well as Rs.1,64,000/- on the pointing out of the accusedapplicant, who further disclosed that apart from said recovered amount he spent Rs.4,10,000/- out of total amount of Rs.10 lacs for purchase of second hand car and the motorcycle for Rs.24,000/-. The accused-applicant also made available an amount of Rs.103000/- by withdrawing the same from the 862 INDIAN LAW REPORTS ALLAHABAD SERIES bank account of H.D.F.C. Bank, NOIDA disclosing that this amount is a part of said cheated amount of Rs.10 lacs. Learned A.G.A. has further submitted that the Investigating Officer prepared the memo of recovery of above noted amounts and articles in accordance with law. Contention is that the offence committed by the accused-applicant is not only a case of cheating and criminal breach of trust but is also a case in which the offence has been committed against the family of a martyr of Indian Army who sacrified his life for the safety and security of our nation, and as such, the act of accusedapplicant is most egregious in nature and deserves to be dealt with strictly.(Para 5) Held Paras(6) Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected. Case Law discussed: (Delivered by Hon'ble Karuna Nand Bajpayee, J.) 1. This application has been filed seeking the release of the applicant on bail in Case Crime No.190 of 2013, u/s 420, 406, 171, 411 I.P.C., Police Station-Kosi Kalan, DistrictMathura. 2. Heard Shri M.N. Pathak, Advocate holding brief of Shri Sunil Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State. 3. Perused the record. 4. Submission of counsel for the applicant is that the applicant is not named in the F.I.R. and the prosecution version rests upon the alleged recovery without any independent witness. Further submission is that no proper identification parade has been performed and the applicant has been implicated on the basis of his alleged confessional statement. It has been further submitted that the entire prosecution story as stated against the applicant is false, fabricated and baseless, despite which the applicant is in jail since 01.05.2013. It has been also submitted that earlier the applicant was falsely implicated in one another criminal case registered as Case Crime No.356 of 2008, u/s 420 and 406 I.P.C. in which the applicant was released on bail and as such the applicant is entitled to release on bail. 5. Learned A.G.A. has strenuously opposed the prayer for bail and has submitted that the present case relates with the cheating and criminal breach of trust in respect of an amount of Rs.10 lacs awarded by the Government of India and the State Government as compensation to the family of Martyr Hemraj, who was a member of Indian Army and who made the supreme sacrifice at Pakistan border on 8.01.2013. The said amount of Rs.10 lacs was deposited into the account of widow of Martyr Hemraj namely Dharmwati in State Bank of India, Branch Chhata. After the death of Martyr Hemraj, army persons and officials were continuously visiting the house of Smt. Dharmwati situated at Sher Nagar, Police Station-Koshi Kala, District-Mathura. On 5.4.2013, the accused applicant came to the house of Smt. Dharmwati impersonating himself as an army man by using the name plate of Amit 3 All. Anjani Vs Board Of Revenue Lucknow & Anr. 863 Kumar and wearing the dress of Indian Army and informed the lady that he has come from army headquarter. The accused-applicant any how deceived the lady and took her to the Branch-Chhata of State Bank of India and got the said amount of Rs.10 lacs withdrawn under the pretext of preparation of fixed deposit in favour of children of the lady from Bukhran Gramin Bank. After getting the said amount, the accused-applicant placed it into his bag and thereafter he flew away. After registration of F.I.R. on 5.4.2013 at 16.30 O'clock, the investigation had commenced and during the course of investigation it came into picture that the accused-applicant has been lodged in jail in connection with some another case as Case No.259 of 2012 arising out of Case crime No.356 of 2008, pending before the Court of learned A.C.J.M.-III, Agra and as such the Investigating Officer obtained warrantB for accused-applicant in respect of present criminal case in question and thereafter the accused-applicant was taken into custody in the present case. Learned A.G.A. has further submitted that above named lady Smt. Dharmwati and other witnesses have also identified the accused-applicant and the Investigating Officer, after obtaining police custody remand of the accused-applicant, had recovered the army dress, the belt, cap, shoes etc. as well as Rs.1,64,000/- on the pointing out of the accused-applicant, who further disclosed that apart from said recovered amount he spent Rs.4,10,000/- out of total amount of Rs.10 lacs for purchase of second hand car and the motorcycle for Rs.24,000/-. The accused-applicant also made available an amount of Rs.103000/- by withdrawing the same from the bank account of H.D.F.C. Bank, NOIDA disclosing that this amount is a part of said cheated amount of Rs.10 lacs. Learned A.G.A. has further submitted that the Investigating Officer prepared the memo of recovery of above noted amounts and articles in accordance with law. Contention is that the offence committed by the accused-applicant is not only a case of cheating and criminal breach of trust but is also a case in which the offence has been committed against the family of a martyr of Indian Army who sacrified his life for the safety and security of our nation, and as such, the act of accused-applicant is most egregious in nature and deserves to be dealt with strictly. 6. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected. 7. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABD 17.02.2016 BEFORE THE HON'BLE ANJANI KUMAR MISHRA, J. Writ-B No.- 6645 of 2016 Anjani ...Petitioner Versus Board Of Revenue Lucknow & Anr. ...Respondents