Allahabad High Court
Chandra Shekhar Pandey vs State Of U.P. on 21 April, 2020
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?In Chamber Case :- BAIL No. - 678 of 2020 Applicant :- Chandra Shekhar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Mishra,Girish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Anant Kumar,J.
Perused the record.
Counter affidavit has been filed by the State.
The present bail application has been filed by the applicant in Case Crime No.487 of 2019, under Sections420, 467, 468, 471, 120B IPC and Section 3/5/9 Sarvajanika Pariksha Adhiniyam, 1998, Police Station Cantt, District Ayodhya.
As per version of FIR on 08.12.2019 there was an examination for CTET in the Cambridge School, Saadatganj, Faizabad. The complainant of the case was deputed as Invigilator. Present applicant was a candidate in the said examination having Roll No.191053017. During the period when the photo of the admit card and the photo of attendance sheet was tallied, it was not matched and when inquiry was made, the person appeared in place of the applicant disclosed his name as Krishna Kant Vishwakarma and he was appearing in the examination in place of applicant Chandra Shekhar Pandey. It is stated in the bail application that applicant is in no way connected with co-accused Krishna Kant Vishwakarma. Applicant is having no previous criminal history. He is in jail since 09.12.2019.
Considering the entire facts and circumstances of the case, perusing the record and also considering the nature of allegations, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Chandra Shekhar Pandey) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.4.2020 ML/-