Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32909 of 2018 Applicant :- Sushil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation against the applicant is that he made application for appointment in P.A.C. on compassionate basis after the death of his brother, who was working as constable. It has been alleged that the mark-sheet of Intermediate examination submitted by him along with his application was found to be fabricated. It has been argued that the mark-sheet was issued by the college and the Principal at that time had issued such mark-sheets to several students and first information report has been lodged against the Principal, Smt. Pravesh, under Sections 420, 467, 468, 323, 504, IPC with the allegation that she had issued fraudulent mark-sheets and certificates of High School and Intermediate examinations to the informant in that case, who was a student like the applicant of the same college. The applicant has no criminal history and is in jail since 10.7.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sushil Kumar involved in Case Crime No.0142 of 2015, under Sections 420, 467, 468, 471, I.P.C, Police Station Kavi Nagar, District Ghaziabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.8.2018 T. Sinha