Allahabad High Court
Veer Singh vs State Of U.P. on 6 April, 2022
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11232 of 2022
Applicant :- Veer Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Nikhil Kumar,Prashant Kanha
Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant was appointed on the post of Assistant Accountant on the basis of his 'O-Level' certificate issued by National Instituted of Electronic and Information Technology (NIELIT). Subsequently after his appointment, it was found that the aforesaid certificate was not issued by the concerned authority and could not be verified as such, the appointment of the applicant was cancelled. The cancellation order was challenged by the applicant before this Court in Writ Petition No. 6542 of 2021 which was allowed vide judgment dated 16.03.2021 and the matter remanded back to the authority concerned. Thereafter, the authority concerned has again confirmed the earlier order of cancellation. The said second cancellation order passed by the authority concerned is subject matter of challenge before this Court in Writ Petition No. 1215 of 2022 wherein the following order has been passed:
'Learned Standing Counsel has accepted notice on behalf of respondent nos. 1, 2 and 4 and Sri Shobhit Saxena, learned counsel has accepted notice on behalf of respondent no.3.
Issue notice to respondent no.5.
List this case along with record of Writ-A No. 586 of 2022.
Respondent may filed counter affidavit, meanwhile.
Meanwhile, no coercive action shall be taken against the petitioner. However, it will be open for the State respondents to take or not to take work from the petitioner. '
It is submitted by counsel for the applicant that validity of the 'O-Level' certificate and cancellation thereof is subject matter of challenge before this Court and direction has been issued that no coercive action shall be taken against the petitioner. Under the circumstances, the applicant is entitled to bail in the present proceedings as the present matter has arisen out of the cancellation order and 'O-Level' verification process.The applicant has no other criminal history. He is languishing in jail since 06.01.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. for the State opposed the prayer for bail but he does not dispute the factual matrix.
It is a cardinal principle of law that no person can be kept in prolonged custody pending trial until and unless circumstances brought on record to show that custody of person is required for further investigation or material available to show that if released on bail, the person would misuse the liberty of bail granted. In the present case, nothing of this nature has been brought to notice of the Court on behalf of investigating authorities.
Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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 Veer Singh involved in Case Crime No.15 of 2021 under Sections 420, 467, 468, 471 I.P.C., Police Station Shivala Kala, District Bijnor be released on bail on furnishing a personal bond and two 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 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 and/or the applicant shall make himself available for interrogation by a police officer as and when required.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The applicant shall not leave India without the previous permission of the Court.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.4.2022
Madhurima
