Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55708 of 2019 Applicant :- Anoop Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Santosh Kumar Yadav, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 438 Cr.P.C. has been moved seeking bail in Case Crime No. 981 of 2013, under Sections 419, 420, 467, 468, 471 & 120-B I.P.C. & Section 13(1) D read with Section 13(2) of Anti Corruption Act, Police Station Subhash Nagar, District Bareilly.
It appears that from the F.I.R. that an enquiry was held in this case and it was found that the then Basic Shiksha Adhikari Bareilly Sri M. P. Singh Kushwaha had prepared a transfer list of 268 assistant teachers teaching in different schools. The transfer orders were not dispatched rather only numbers were put thereon as 6082-6049 and all these transfers relating to Smt. Anju Gupta, Asfak, Ram Pratap Gangwar and others were forged transfer orders. On the basis of those orders, two month thereafter Smt. Anju, Gupta, Asfak, Ram Pratap Gangwar and others had taken over charge. In these circumstances, Sri M. P. Singh Kushwaha, the then Basic Shiksha Adhikari, Bareilly Arun Kumar Saxena, Patal Sahayak, Sri Radhey Shyam Rastogi, Senior Clerk and many others named in the F.I.R. had prepared transfer orders under some conspiracy and using it authentic documents, an effort was made to get the post of assistant teacher by them. Similarly, under the order No. 7665- 86 dated 09.10.2000, the accused applicant was transferred as assistant teachers from Muidi Bujurg to Navadia Kalyanpur and other two assistant teacher namely, Om Prakash and Sohan Lal Verma were also transferred and they were allowed to join also and after having remained on the said post for about one year, a recommendation was made to the in the month of December, 2001 to finance officer by Assistant Basic Shiksha Adhkari Sri S. C. Dixit for release of their salary. Therefore, it was evident under some well thought out conspiracy these forged transfer orders were prepared which are used for providing opportunity to persons to work as assistant teachers by way of which the accused applicant one of the accused who along with other co- accused have been named in the F.I.R. which are 28 times in numbers and hence, it is found that they have committed offence under Sections 419, 420, 467, 468, 471 & 120-B I.P.C. and 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.
Learned counsel for the applicant has argued that the applicant has nothing to do with the present occurrence. He has been falsely implicated in the present case. He is an agriculturist. He never posted in any education department nor had he withdrawn any payment or salary. The police is continuously harassing the applicant.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail.
Looking to the fact that the applicant appears to be involved in a criminal conspiracy in preparing forged transfer orders of assistant teachers on the basis of which the accused applicant is also said to have been given opportunity to work as assistant teacher in that regard recommendation made to release the salary to the assistant teacher, I do not find it to be a fit case for grant of bail to the accused-applicant. Accordingly, anticipatory bail is rejected.
Order Date :- 17.12.2019 VPS