Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14099 of 2021 Applicant :- Om Prakash Singh Baghel Opposite Party :- Block Education Officer Counsel for Applicant :- Surya Bhan Singh,Shiv Nath Singh(Senior Adv.),Yadvendra Krishan
Hon'ble Rajiv Gupta,J.
Learned counsel for applicant shall file supplementary affidavit in the Registry today itself.
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 Om Prakash Singh Baghel in Case Crime No. 036 of 2021, under Sections 420, 467, 468, 471 I.P.C., P.S. Pinahat, District Agra.
Submission of the learned counsel for the applicant is that F.I.R. was lodged with the allegation that on the basis of forged and fake mark-sheet, Job of Assistant Teacher has been obtained.
It is further submitted by the learned counsel for the applicant that on the aforesaid basis the services of the applicant was terminated. Against the order terminating her services the applicant preferred writ petition which was dismissed by this Court. Against the said dismissal orders the applicant preferred Special Leave to Appeal before the Apex Court. The Apex Court stayed the operation of the impugned order and directed to the respondents to give current salary to the applicant, therefore, it has been submitted that in view of the order of the Hon'ble Apex 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 sureties and bonds, there is no possibility of her 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 but could not dispute the fact that several applicants on the same ground have been granted anticipatory bail.
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, 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 till the filing of charge-sheet.
In the event of arrest of the applicant Om Prakash Singh Baghel involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- 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 himself 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.
Accordingly the anticipatory bail application is finally disposed off.
Order Date :- 30.9.2021 R Digitally signed by RAJIV GUPTA Date: 2021.09.30 17:11:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad