1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant as well as learned A.G.A. for the State-respondent and perused the record.
2. The instant application has been moved by the applicant seeking anticipatory bail in Case Crime No.500 of 2013, under Sections 409, 120-B I.P.C. and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station Hazratganj, District Lucknow.
3. It has been submitted by the learned counsel for the applicant that the FIR was lodged in the year 2013 and till date sanction for prosecution has not been accorded for prosecuting the applicant. It is submitted that the applicant's name has emerged only during investigation and her name was only included as she is allegedly responsible for submitting a report containing the names of students who were taking training under U.P. Kaushal Vikas Yojna.
4. Counter affidavit has been filed by the State. From perusal of the said affidavit it is clear that there is no averment or allegation against the applicant that she had taken any illegal gratification from the persons who were running the Institute for reporting higher number of students who had participated in the said program. It is also submitted that the applicant has no criminal history and being a Government servant there are no chances from fleeing from justice.
5. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
6. The Court has considered the rival submissions and looking into the circumstances as well as annexures which have been annexed with the application for anticipatory bail as well as counter and rejoinder affidavits, this Court finds it a fit case to allow the present anticipatory bail application.
7. The anticipatory bail application is allowed.
8. This Court directs that in the event of arrest, the accused-applicant Smt. Nujhat Jahan @ Nujhat Masood, involved in Case Crime No.500 of 2013, shall be released forthwith on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make herself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii). That the accused-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; and
(iii). That the accused-applicant shall not leave India without the previous permission of the Court.
9. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
10. In case there is breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be cancelled, it shall be open for the State or the appropriate authority to move application for cancellation of bail in accordance with law.
Order Date :- 29.1.2021 Anand Sri./-
(Alok Mathur,J.)