Allahabad High Court
Ashish Kumar vs State Of U.P. And Another on 22 July, 2022
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 545 of 2022
Applicant :- Ashish Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Kesh
Counsel for Opposite Party :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
The instant anticipatory bail application has been filed on behalf of the applicant, Ashish Kumar, with a prayer to release him on anticipatory bail in Case Crime No.519 of 2016, under Sections- 419, 420, 467, 468 and 471 IPC, Police Station- Kotwali City, District- Mirzapur.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).
As per prosecution case, allegation is that applicant obtained appointment on the post of teacher on forged and manufactured documents. It is urged that applicant is innocent; the applicant has not taken any benefit from the academic records or the certificates; he has only applied for the post of Assistant Teacher and he neither selected nor appointed. It is further submitted that till date no enquiry has been initiated by the University declaring that the educational certificate of the applicant is forged; applicant has no other reported criminal antecedent; applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the investigation.
Learned AGA has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid fact.
Therefore, without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case, till filing of the charge-sheet, 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 applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
Till filing of the charge-sheet, let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
1. The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.
2. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
3. That 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;
4. The applicant shall file an undertaking to the effect that he 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 applicant.
5. In case, the applicant misuses 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 applicant 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 him in accordance with law.
Order Date :- 22.7.2022 [Rajesh Singh Chauhan,J.]
Suresh
