Allahabad High Court
Jamil Ahmad Khan vs State Of U.P. And Another on 22 May, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:112011 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4787 of 2023 Applicant :- Jamil Ahmad Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amrendra Nath Rai,Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.0464 of 2018, under sections 420, 467, 468, 471 I.P.C., Police Station Madnapur, District Shahjahanpur, during the pendency of trial.
It is submitted that in this case applicant is innocent and has committed no offence. The applicant was appointed as Assistant Teacher in the year 1997 and continued to work as teacher till 2018 and his service was terminated by the authorities in the year 2018 by showing that the record was not available as a result his academic papers were not said to be genuine. Further submitted that at the time of appointment and joining in the service the papers of the applicant were verified and found correct and that was the reason he continued in service for a period of 21 years, thereafter, he was terminated from service and this false case was registered against him. After investigation charge sheet was also submitted against him before learned court concerned, therefore, in pursuance of the process of the court the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.
Learned A.G.A. opposed the prayer for anticipatory bail.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and without making any further comment on the merit of the case, the applicant is entitled to be released on anticipatory bail in this case during the pendency of trial.
In the event of arrest of the applicant- Jamil Ahmad Khan, shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with 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 learned court everyday when case is fixed unless exempted;
(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 from disclosing such facts to the Court or to any police office;
(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, this order will automatically stand vacated.
Order Date :- 22.5.2023 Ashok Gupta