Court No. - 84
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19879 of 2021 Applicant :- Yogesh Kant Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 28 of 2020, under sections 420, 467, 468, 471 IPC, Police Station- Hathras Gate, District- Hathras.
Facts in brief are that applicant was appointed as teacher in the year 2004-05. Afterwards, his documents were found to be tempered. On the basis of which his service was terminated in the year 2020. Present F.I.R. was lodged against 71 accused persons including the applicant.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case only on account of mark-sheet which is said to be tempered though he completed his B.Ed. and obtained genuine mark-sheet which was attached by him with his application form. No any forgery has been committed by him. Further submitted that co-accused Rajneesh and 10 others have already been granted anticipatory bail by co-ordinate Bench of this Court on 24.5.2021 through Criminal Misc. Anticipatory Bail Application No. 9628 of 2021, since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.
Learned AGA has opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.
In the event of arrest of the applicant- Yogesh Kant shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police office as and when required;
(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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India 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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 21.12.2021 A. Singh