Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8252 of 2018 Applicant :- Ashok Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikas Gupta,Dewarshi Kumar Rai Counsel for Opposite Party :- G.A.,Lokesh Kumar Dwivedi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Lokesh Kumar Dwivedi, learned counsel for the complainant.
The allegation against the applicant in the first information report is that the applicant has got appointment on the basis of approval / appointment letter dated 23.06.2001 and thereafter it was found to be a fabricated document by the Basic Shiksha Adhikari. The applicant was thrown out of job and now he is creating hindrance and disturbing the functioning of the college and teaching of the students.
The argument is that the applicant was appointed as Class IV employee in the college and no fabrication has been made by the applicant. Whatever fabrication is alleged may have been done by the Management. The applicant is not aware of any fabrication. After the dismissal from services, he has no concern with the college and the first information report has been lodged only on account of ulterior motives.
Considering the rivals submission of the parties, it is clear that the only allegation against the applicant is that the approval granted to him was forged and now he is creating hindrance in the functioning of the school. The applicant is in jail since 02.02.2018 and the applicant has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ashok Kumar Singh involved in Case Crime No.233 of 2015, under Sections 419, 420, 467, 468, 471, 323, 504, 506, 427 IPC, Police Station Shankargarh, District- Allahabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 20.8.2018 SS