Court No. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13339 of 2021 Applicant :- Kamlesh Kumari Patel@ Kamlesh Kumari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Kesh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
Heard learned counsel for the applicants and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Kamlesh Kumari Patel @ Kamlesh Kumari and Shivangi Sharma with a prayer to release them on bail in Case Crime No. 383 of 2016 under Section- 419, 420, 467, 468, 471 IPC, Police Station- Kotwali City, District- Mirzapur, during pendency of investigation/trial.
There is allegation against the applicants that they tried to obtain appointment on the post of Assistant Teacher on the basis of fraudulent certificates and marksheets.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. The applicants have no criminal history to their credit. No enquiry was initiated nor any opportunity of hearing was given to the applicants before implication in the present case. Their credentials were genuine. The applicants have definite apprehension that they may be arrested by the police any time. Learned counsel for the applicant has submitted that co-accused Neetu Devi @ Neetu Singh and Raju Gupta has already been enlarged on anticipatory bail vide order dated 1.2.2021 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 176 of 2021. Hence, parity is claimed.
Learned AGA has opposed the prayer for anticipatory bail of the applicants, but could not dispute the aforesaid facts.
Hence the applicants are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Let the applicants- Kamlesh Kumari Patel @ Kamlesh Kumari and Shivangi Sharma involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender her passport, if any, to the concerned trial Court forthwith. Their passport will remain in custody of the concerned trial Court.
3. That the applicants 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;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.10.2021 Noman