Allahabad High Court
Johit Kumar @ Mohit Kumar vs State Of U.P. on 7 December, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54263 of 2019 Applicant :- Johit Kumar @ Mohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arun K. Singh Deshwal Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Arun K. Singh Deshwal, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Anticipatory Bail Application (under Section 438 Cr.P.C.) has been moved for seeking bail in Case Crime No. 22 of 2019, under Sections 420, 468 & 471 I.P.C., Police Station-Amroha Dehat, District Amroha.
It is argued by the learned counsel for the applicant that false allegation has been levelled against the accused applicant that he had submitted High School as well as Intermediate Marksheet for appearing in the examination of U.P. Constable Recruitment Examination-2015. He has drawn attention of this Court to page 40 of the paper book and has argued that Madhyamik Shiksha Parishad, Madhya Bharat, Gwalior, (M.P.), had issued the certificate which is a recognized board as per Chapter XIV of U.P. Education Manual which has been annexed at page 42 to 46 of the paper book and at page 45 at Sr. No. 40, the mention is found of the Board of Secondary Education, Madhya Bharat, Gwalior. It is argued further that the principal of the college where he studied had also given certificate which is annexed at page 51 of the paper book in which it is mentioned that the applicant has passed out from his school. He has further drawn attention of this Court to page 53 of the paper book and argued that the verification which was sent for the marksheet of the applicant was sent to one Sambhagiya Karyalaya, Madhyamik Shiksha Mandal, Madhya Pradesh Gwalior which was not the board from where the applicant had passed out, therefore, there was no possibility for verification of the marksheet of the applicant from the said office. The applicant has not committed any offence and has been falsely implicated in the present case. If the accused applicant is released on bail, he will not misuse the liberty of bail and shall cooperate in the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail but could not controvert the aforesaid facts.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant,Johit Kumar @ Mohit Kumar involved in Case Crime No. 22 of 2019, under Sections 420, 468 & 471 I.P.C., Police Station-Amroha Dehat, District Amroha, shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his 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 with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of two months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
In view of aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 7.12.2019/VPS