Allahabad High Court
Jagat Narayan Mishra Alias Jagat ... vs State Of U.P. Thru. Its Prin. Secy. ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47338
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 604 of 2023
Applicant :- Jagat Narayan Mishra Alias Jagat Narayan
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt Of Home, Civil Sectt U.P. Lko. And Another
Counsel for Applicant :- Gyanendra Pathak
Counsel for Opposite Party :- G.A.,Pawan Kumar Mishra
Hon'ble Subhash Vidyarthi,J.
Heard Sri Gyanendra Pathak, learned counsel for the applicant and Sri Rao Narendra Singh, learned Additional Government appearing on behalf of the State and Sri Pawan Kumar Mishra, learned counsel for the informant and perused the record.
On 03.03.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.23/2022, under Sections 420, 467, 468, 471, 201 I.P.C., P.S. Rupaideeha, District Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is alleged in the prosecution case that the accused applicant by misusing his post as Principal has fraudulently change the date of birth of his daughter from 13.03.1981 to 13.03.1983. It is further alleged that he has removed the correct date of birth from the government records and the daughter of the applicant has been provided the employment on the basis of the forged date of birth.
Learned counsel for applicant submits that applicant is father-in-law of the opposite party No.2. He further submits that daughter of the applicant has filed matrimonial cases i.e. F.I.R. No.0037/2021 which is Annexure 4 to the affidavit, an application under Section 125 Cr.P.C. Opposite party No.2 has also filed the petition under Section 13 of the Hindu Marriage Act on 24.03.2021. It is submitted on behalf of the applicant that F.I.R. is nothing but a device to exert the pressure on the daughter of the applicant as well as the applicant so that they may not pursue the criminal prosecution of the opposite party No.2. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
Issue notice to respondent No. 2.
Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.
List on 11.04.2023.
On due consideration to the argument advanced as well as perusal of the record and the fact that applicant has no criminal history, he is 82 years old, charge-sheet in the case has been filed, he undertakes to cooperate in the trial and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.
Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-
(1) The applicant shall cooperate in the trial and he will not influence the witnesses.
(2) The accused-applicant will remain present on each and every date fixed by the trial court.
(3) The applicant shall not leave India without previous permission of the Court. "
Although counter affidavit and rejoinder affidavit have been exchanged in this case, the learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
In view of above, the interim order dated 03.03.2023 is made absolute and the anticipatory bail application is allowed.
.
(Subhash Vidyarthi, J.)
Order Date :- 19.7.2023
Ram.
