Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18056 of 2021 Applicant :- Smt. Premalata Tripathi Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Vashisth,Sujeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Manoj Vashisth, learned counsel for the applicant and Sri Sanjay Kumar Singh, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Smt. Premalata Tripathi, seeking anticipatory bail, in the event of arrest in Case Crime No. 30 of 2021, under Sections 419, 420, 467, 468, 471 IPC, Police Station Gyanpur, District Bhadohi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is a lady. She has done her High School, Intermediate, Graduation in Arts, B.Ed and B.T.C., the certificates are genuine and original which have not been verified and cross checked by the department but the present First Information Report has been lodged cursorily in a vague manner.
It is further argued that the applicant is not at fault but has been falsely implicated with malafide intentions. It is argued that no enquiry from the Board and the Universities has been done and the present First Information Report has been lodged on the basis of presumption only.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that as per his instruction, the applicant is not cooperating in the departmental enquiry and is not even making herself available along with records therein in spite of several notices sent to her. She is not even cooperating in the investigation and is absconding. It is argued that there are serious allegations against the applicant of seeking employment on the basis of documents of some other candidate. It is argued that the matter is serious, the conduct of the applicant in not appearing before the authority concerned in the departmental proceedings and even not cooperating in the investigation is also a serious issue, hence, the anticipatory bail application of the applicant be dismissed.
After having heard the counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report and there are serious allegations against her of seeking employment on the basis of documents of other student. She is not appearing in the departmental enquiry and is even not cooperating in the investigation. I do not find a fit case for interference.
Accordingly, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 28.10.2021 M. ARIF (Samit Gopal, J.)