Order on Criminal Misc. Impleadment Application The application is allowed.
The Station House Officer, Police Station Barhaj, District- Deoria and Sri Maheshwar Pandey son of late Bhalchandra Pandey, Resident of Village Kausad, Post Khemadei, Police Station Car, District- Deoria, Ex-Principal, Harsh Chand Inter College, Barhaj, Deoria, are deemed to be impleaded as opposite party nos. 2 and 3 in the application.
The applicant has approached this Court on account of apprehension of lodging of FIR by the former Head Master of the school.Counsel forthe applicant has submitted that he was working as Assistant Clerk in the college and was responsible for looking after the work regarding salary of the teachers. There isdispute in the schoolregarding thetuitionfeeswhich was collected by Ashok Singh, another Assistant Clerk, who was responsible but in the application made by the police, the applicant has beenfalsely implicated. Internal inquiry is pending againstapplicant and nothinghas been foundagainst him. He has apprehension of his arrest.
Issue notice to the opposite party no. 3 returnable within 3 weeks.
List this case on 25.03.2021.
In the meantime, in case of arrest, the applicant,RadheyShyam Yadav is directed to be enlarged on interim anticipatory bail in Case Crime No. Nil, under Sections- Nil, Police Station- Barhaj, District- Deoria, on their furnishing personal bonds of Rs. 50,000/- each and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress;
(ii) 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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad before the Court/Authority/Official concerned; and
(v) 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.
In default of any of the conditions, the Investigating Officer/Government Advocate is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
A copy of this order downloaded from the official website of this court shall also be produced before the S.P/S.S.P concerned by the applicants, if the investigation is still in progress, who shall ensure compliance of this order after due verification from official website of this court.
Order Date :- 28.1.2021 Rohit