Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16678 of 2021 Applicant :- Dharamveer Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Shamshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Dharamveer Singh in connection with Case Crime No.32 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Nai Ki Mandi, District Agra.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been challaned on an allegation in the FIR that his educational testimonials relating to High School and Intermediate Examinations submitted by him for employment in the Police Constable and PAC Recruitment, 2015, were products of forgery. It is urged that during investigation, the Investigating Officer has not collected any evidence that the documents are indeed forged. It is argued that both the documents are genuine, issued by Educational Institute of Open Schooling, A 24- 25, Institutional Area, Sector 62, NOIDA. It is urged that the documents are genuine and at the trial, the fact could be established. There is no basis to detain the applicant pending trial. It is also pointed out that the applicant has the history of one case registered against him, being Case Crime no.174 of 2017, under Sections 323, 341 IPC, Police Station Kumher, District Bharatpur, where he has been acquitted by the Additional Chief Judicial Magistrate, Bharatpur vide judgment and order dated 27.06.2018. It is next submitted that the applicant is a law abiding citizen, who is in jail since 22.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the genuineness of the educational documents are yet to be tested at the trial, the fact that the applicant is a respectable man, who is in jail since 22.02.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Dharamveer Singh, involved in Case Crime No.32 of 2019, under Sections 420, 467, 468, 471 IPC, Police Station Nai Ki Mandi, District Agra be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 10.5.2021 Anoop