Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19336 of 2019 Applicant :- Lakshmi Narain Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, Sri Amit Chauhan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Lakshmi Narain Pandey with a prayer to release him on bail in Case Crime No.78 of 2013, under Sections 406, 419 and 420 IPC, Police Station Dharmsinghwa, District Sant Kabir Nagar, during pendency of trial.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and he was retired from his services. According to prosecution version the applicant was appointed as Assistant Teacher in L.T. Grade in the year 1981 in Samrat Ashok Uchchattar Madhyamik Vidyalaya, Karhana, District Sant Kabir Nagar. It is further submitted that an order has been passed on 07.10.2013 by Hon'ble High Court in Writ-A No.26307 of 2010 (Dhruv Narain Singh vs. State of U.P. and others) that any person working in excess of the posts as per the manak in aided institutions may not be disengaged subject to the condition that as and when the person/incumbent retires/vacates the post the same shall lapse automatically and fresh recruitment is to be made against such a post. It is further submitted that the applicant has not committed the alleged offence. It is also a case of civil nature and a matter of recovery of amount paid to the applicant. The co-accused- Parashuram Chaudhary and another have been granted bail by another Bench of this Court vide order dated 17.06.2019 passed in Criminal Misc. Bail Application No. 24431 of 2019, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 18.03.2019.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.8.2019 Neeraj