Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17595 of 2019 Applicant :- Sanjeev Kumar Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sanjeev Kumar Sharma has prayed to release him on bail in Case Crime No.
338 of 2018, u/s 420, 467, 468, 471 I.P.C., P.S. Mirjapur, District Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He is resident of Village Chakchhavee, P.S. Amroha Dehat, District Amroha. He has never been resident of Village Kasrak Katra, District Shahjahanpur, nor he was ever appointed as an Assistant Teacher in Shahjahanpur. Someone else by playing fraud and misusing his mark sheets of High School and Intermediate got this appointment and no investigation of this fact was made as to who was working as Assistant Teacher in the Institution on the basis of forged document except implicating the accused-applicant on the basis of above misused marks sheets. He is a farmer and doing farming in his village in district Amroha and had never been concerned with functioning of Assistant Teacher. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Perusal of F.I.R. reveals that it was got lodged upon the report of District Basic Education Officer against an Assistant Teacher against whom there was a complaint of alleged fraud by the Village Pradhan and after investigation certificate of B.T.C. was found to be forged then on the basis of above marks sheets of High School and Intermediate of the applicant this case was got lodged, whereas who was Sanjeev Kumar, what was his parentage and what was his residence were not investigated. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Sanjeev Kumar Sharma, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 Pcl