Allahabad High Court
Siddharth Saraswati vs State Of U.P. And Another on 30 May, 2024
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:99242
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5078 of 2024
Applicant :- Siddharth Saraswati
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhijeet Singh,Saurabh Singh
Counsel for Opposite Party :- Anjali Singh,G.A.,Naseem Rufi Q Alrafio B.M. Mugaanii,Shikha Singh
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant, Sri Aditya Kumar Singh, learned A.G.A. for the State and perused the record.
2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0399 of 2019, under Section 420, 504, 506 I.P.C., Police Station- Sadar Bazar, District- Meerut, till conclusion of trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is an Assistant Teacher (Primary Section) and presently posted at Sanatan Dharam Inter College, Meerut. He next submitted that allegation in the first information report is that applicant got the job on the basis of false & fabricated educations certificates but when departmental inquiry was conducted against the applicant, nothing has been found forged and fabricated. Investigating Officer has submitted charge-sheet against the applicant but the same is not supported by any cogent evidence. He further submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
4. On the other hand, learned AGA and counsel for the informant vehemently opposed the prayer for grant of anticipatory bail of the applicant. Counsel for the informant has also placed reliance upon the judgment of the Hon'ble Apex Court passed in the case of Srikant Upadhyay & Ors. vs. State of Bihar & Anr. ( Criminal Appeal No. Nil of 2024 arising out of Special Leave Petition (Crl.) No. 7940 of 2023).
5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.
6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.
7. Let the applicant- Siddharth Saraswati, who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
ii. 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.
iii. 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;
iv. 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.
v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.
vi. 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 :- 30.5.2024
Aditya
