Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9986 of 2021 Applicant :- Mahesh Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Surya Bhan Singh,Yadvendra Krishan Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicant Mahesh Chandra in Case Crime No. 163 of 2021, under Sections 420, 467, 468, 471 I.P.C., P.S.- Shikohabad District Firozabad.
The submission of the learned counsel for the applicant is that F.I.R. was lodged with the allegation of forged and fake mark- sheet, on that basis obtaining the job of Assistant Teacher.
Submission of the learned counsel for the applicant is that on that basis the applicant was terminated from the service and against the termination order writ was filed by him, in which the termination order was stayed. Thereafter, a writ was dismissed against which the applicant and others went before the Hon'ble Supreme Court and filed Special Leave to Appeal, copy of which is filed at page 14 of the supplementary affidavit, in which the Hon'ble Supreme Court stayed the operation of the impugned order and the order by which the applicant was terminated and the respondent were directed to give current salary to the applicant, therefore it has been submitted that in view of the order of the Hon'ble Supreme Court prima facie case for anticipatory bail is made out as the police is inclined to make arrest of the applicant. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail and has not disputed the fact that several applicants on the same ground have been granted anticipatory bail and some of the orders are annexed with the supplementary affidavit.
In view of the above, considering the entire facts and circumstance of the case and also taking into consideration the order of the Hon'ble Supreme Court, if the applicant is arrested the order of the Hon'ble Supreme Court will be frustrated, as such a prima facie case for anticipatory bail is made out, therefore, I find it to be a fit case in which anticipatory bail may be granted to the applicant. Hence the anticipatory bail application is allowed.
In the event of arrest of the applicant Mahesh Chandra, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicant shall make themselves available for interrogation by a police officer as and when required;
2) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
3) The applicant shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
5. In case of filing of charge-sheet the applicant shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and 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.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Order Date :- 29.7.2021 S.Ali