Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 15464 of 2021
Applicant :- Naveen Kumar And 9 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Surya Bhan Singh,Brijesh Kumar Verma,Shiv Nath Singh(Senior Adv.)
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on anticipatory bail in Case Crime No. 0101 of 2021, under Sections - 420, 467, 468 & 471 I.P.C., Police Station - Saiyan, District - Agra, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
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 mark-sheets.
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 haves definite apprehension that they may be arrested by the police any time.
Learned counsel for the applicants has next submitted that similarly placed co-accused Shabana Warsi has already been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 13566 of 2021 vide order dated 01.09.2021 and case of the present applicant stands on the same footing as that of the co-accused.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants.
Without expressing any opinion on the merits of the case and considering the nature of accusations, the applicants are entitled to be released on anticipatory bail in this case 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. 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.
In the event the applicants - Naveen Kumar, Smt. Sarita, Smt. Anita, Sarjesh Kumar, Chandeesh Rana, Smt. Kusum, Smt. Sumanlata Kushwaha, Dinesh Kumar, Anil Kumar and Smt. Jyoti are arrested, they shall be released on anticipatory bail in the aforesaid case crime number for the aforesaid offences 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 currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passports, 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 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 misuses 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 her bail and proceed against them in accordance with law.
This criminal miscellaneous anticipatory bail application is disposed of.
Order Date :- 27.9.2021 Atul