Lokendra Pal Singh And 17 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 1094 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8248 of 2021
 

 
Applicant :- Lokendra Pal Singh And 17 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Rohit Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Rohit Upadhyay, learned counsel for the applicants and Mr. Rakesh Soni, learned A.G.A. for the State as well as perused the record.

The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.0028 of 2020, under Sections 420, 467, 468, 471 I.P.C, Police Station-Hathras Gate, District-Hathras, with a prayer to enlarge them on anticipatory bail.

On 02.09.2021, the following order was passed:-

"Heard learned counsel for the applicants and learned A.G.A. for the State.

The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on anticipatory bail in Case Crime No.0028 of 2020, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Hathras Gate, District- Hathras, during pendency of trial.

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 tried to obtain 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.

The submission made by learned counsel for the applicant prima facie appears to have some substance. The matter requires consideration after receiving response from opposite parties.

Learned A.G.A. has accepted notice on behalf of opposite party nos.1 and 2. He prays for and is granted two weeks' time to file counter affidavit.

Issue notice to opposite party no.3, who may also file objection/counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within one week thereafter.

Put up this case on 30.09.2021, as fresh.

In the event the applicants - Lokendra Pal Singh, Bishnu Kumar, Manoj Bhushan, Sohan Rana, Satish Kumar Sharma, Ragini Singh, Shashi Kala, Ghanshyam Singh, Ravendra Kumar, Neeraj Kumar Sharma, Balwant Singh, Lokendra Verma, Arun Kumar Sharma, Krishna Kant Sharma, Kailash Chandra, Kavita Singh, Nand Lal Sharma and Sumit Guptam is arrested they shall be released on anticipatory bail till the next date of listing on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court with the following conditions:-

(i) The applicants shall make themselves available for interrogation by the police officer as and when required;

(ii) 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 from disclosing such facts to the Court or to any police officer;

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(v) 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.

In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicants.

The applicants are directed to produce a copy of this order after downloading from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order. "

Learned counsel for the applicants submits that applicants are innocent and has been falsely implicated in the present case and they have an apprehension that they may be arrested in the above mentioned case, whereas there is no credible evidence against them. He further submits that charge sheet has not been filed till date and investigation is still going on. The applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 02.09.2021 by co-ordinate bench of this Court. He has also placed several orders of the accused persons in which they have been granted anticipatory bail. One of them, namely, Alok Kumar Singh and Praveen Kumar Verma, have been granted anticipatory bail, by the co-ordinate Bench of this Court, passed in Criminal Misc. Anticipatory Bail Application No.4403 of 2022, a copy of which has been produced before this Court by learned counsel for the applicant, placed on record. Therefore, the applicants are also entitled to be released on anticipatory bail. He further submits that applicants have no criminal history. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegation made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.

Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicants.

On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.

In view of the above, the anticipatory bail application of the applicants is allowed.

Let the accused-applicants- Lokendra Pal Singh, Bishnu Kumar, Manoj Bhushan, Sohan Rana, Satish Kumar Sharma, Ragini Singh, Shashi Kala, Ghanshyam Singh, Ravendra Kumar, Neeraj Kumar Sharma, Balwant Singh, Lokendra Verma, Arun Kumar Sharma, Krishna Kant Sharma, Kailash Chandra, Kavita Singh, Nand Lal Sharma and Sumit Guptam be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

1. that the applicants shall make themselves available for interrogation by a police officer as and when required;

2. 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;

3. that the applicants shall not leave India without the previous permission of the court;

4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;

5. that the applicants shall not pressurize/ intimidate the prosecution witness;

6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

Order Date :- 11.1.2023

Rahul.