Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8361 of 2021 Applicant :- Suman Devi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yadvendra Krishan,Shiv Nath Singh(Senior Adv.),Surya Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard Sri Shiv Nath Singh, learned Senior Advocate, assisted by Sri Surya Bhan Singh, learned counsel for the applicants and learned A.G.A for State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants, Suman Devi and Ajaivir Singh, in Case Crime No.0057 of 2018, under Sections- 420, 467, 468, 471, 506 I.P.C, Police Station- Kotwali, District- Kanpur Nagar.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
There is allegation against the applicants that they obtained appointment on the post of Assistant Teachers on the basis of fraudulent certificates and mark-sheets.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in this case. The applicants have no criminal history to their credit. No enquiry was initiated nor any opportunity of hearing was given to the applicants before implication in the present case. Their credentials were genuine. The applicants have definite apprehension that they may be arrested by the police any time.
Learned AGA has opposed the prayer for anticipatory bail of the applicant.
Hence, without expressing any opinion on the merits of the case and considering the nature of accusations and the antecedents of the applicants, they are directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
Let the applicants involved in the aforesaid crime be released on anticipatory bail on furnishing personal bonds with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial court;
2. The applicants shall surrender their passports, if any, to the concerned trial court forthwith. Their passports will remain in custody of the concerned trial court;
3. That the applicants 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;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants.
5. In case, the applicants misuse the liberty of bail, the trial court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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 :- 26.5.2021 SS