Allahabad High Court
Archana Urf Usha vs State Of U.P. on 8 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1552 of 2023 Applicant :- Archana Urf Usha Opposite Party :- State of U.P. Counsel for Applicant :- Grijesh Tiwari Counsel for Opposite Party :- G.A.,Vishveshwar Mani Tripathi Hon'ble Sameer Jain,J.
Heard Sri Grijesh Tiwari, learned counsel for the applicant, Sri Visheshwar Mani Tripathi, learned counsel for the informant and Sri Jhamman Ram, learned AGA, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release her on bail in Case Crime No.20 of 2021, under Sections 419,420,467,468 and 471 IPC, Police Station Kampierganj, District Gorakhpur during pendency of the trial.
FIR of the present case was lodged against the applicant on 20.1.2021 on the order passed by the District Basic Education Officer.
According to the FIR, applicant was appointed as Assistant Teacher in Primary School on the basis of forged documents in the year 2011.
Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless and applicant was properly selected as Assistant Teacher in a Primary School on 24.6.2011 and was continued in the job till 26.8.2020 but after nine years, a complaint was filed against the applicant that she on the basis of forged documents procured the job and thereafter District Basic Education Officer conducted inquiry and on 26.8.2020 he passed an order against the applicant and directed that FIR against the applicant should be lodged and vide order dated 26.8.2020 the services of the applicant was also terminated. He further submits that against the order dated 26.8.2020 passed by the District Basic Education Officer, applicant preferred a writ before this Court vide Writ A No. 19083 of 2021 and this Court on 19.5.2022 passed a very detailed order and stayed the order dated 26.8.2020 passed by the District Basic Education Officer. He further submits that the writ petition filed by applicant is still pending before this Court and order dated 19.5.2022 is still operative. He further submits that in meantime pursuant to the order dated 26.8.2020 passed by the District Basic Education Officer, FIR of the present case was lodged in January, 2021.
He further submits that as the order, on the basis of which, FIR of the present case was lodged, has been stayed by this Court, therefore, applicant is entitled to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not dispute the fact that on the basis of order dated 26.8.2020 passed by the District Basic Education Officer FIR of the present case was lodged which has been stayed by this Court.
I have heard learned counsel for the parties and perused the record of the case.
From the perusal of the record, it appears that applicant got selected for a job of Assistant Teacher in Primary School on 24.6.2011 but after nine years some complaint was filed against the applicant that she on the basis of forged documents procured the job and thereafter on 26.8.2020 the District Basic Education Officer passed an order against her and her services were also terminated and on the direction of District Basic Education Officer FIR of the present case was lodged in the month of January, 2021 but from the record it further reflects that against the order dated 26.8.2020 applicant preferred Writ A No. 19083 of 2021 before this Court and this Court on 19.5.2022 stayed the order passed by the District Basic Education Officer dated 26.8.2020 and the writ filed by applicant before this Court is still pending and till date the order dated 19.5.2022 passed by this Court has not been vacated.
As FIR of the present case was lodged on the basis of the order dated 26.8.2020 passed by District Basic Education Officer, which has been stayed by this Court, therefore, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant-Archana Urf Usha be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 8.2.2023/SKM