Allahabad High Court
Manisha Singh vs State Of U.P. And Another on 29 July, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4150 of 2020 Applicant :- Manisha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kedar Nath Mishra, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 34 of 2020 under sections 419, 420, 467 and 468 I.P.C. Police Station Siddharth Nagar, District Siddharth Nagar during pendency of investigation.
Learned counsel for the applicant has argued that the applicant has apprehension of imminent arrest; as per F.I.R., allegation against the applicant and 31 others named therein are that they had submitted forged educational certificate in order to apply for job of Assistant Teacher. Next submission is that the said allegation is absolutely false as no forgery of documents was committed. No enquiry was held in this matter nor was she given any opportunity of hearing. Learned counsel has provided and relied upon the orders dated 10.06.2020, 18.06.2020 and 19.06.2020 of three Co-accused passed by Coordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos. 2565 of 2020, 3108 of 2020 and 3176 of 2020 respectively in which they have been granted anticipatory bail and the same are taken on record. She has no criminal history. If released on bail she would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has stated that enquiry was conducted by police and had found that the educational certificates of the applicant and other co-accused named in the F.I.R. were found as not issued from the said institution.
Learned A.G.A. has vehemently opposed the prayer for granting bail but could not controvert the aforesaid fact.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of her fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Manisha Singh involved in the aforesaid case, she 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 her 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 herself 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/her/them 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 she has passport the same shall be deposited by her before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer shall be 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 three months from the date of production of a copy of this order downloaded from the official website of Allahabad High Court and verified by learned counsel for the applicant, independently without being prejudiced 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 copy of this order downloaded from the official website of Allahabad High Court and verified by learned counsel for the applicant before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 29.7.2020 AU