Allahabad High Court
Vinay Dubey vs State Of U.P. And Another on 1 August, 2022
Author: Suresh Kumar Gupta
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5442 of 2022 Applicant :- Vinay Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Deo Shukla,Manish Kumar Tripathi,Vivek Shukla Counsel for Opposite Party :- G.A.,Adarsh Singh,Indra Raj Singh Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State as well as learned counsel for the first informant and perused the record.
The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Case Crime No. 33 of 2022, under Sections 419,420,467,468,471 IPC, Police Station- Badlapur, District- Jaunpur.
Brief facts of the case are that the FIR was lodged by Sandip Tiwari who is the Manager of Adarsh Shri Ram Sanskrit Degree College, Chhangapur Leduka, Jaunpur with the allegations that the applicant was appointed to the post of Principal in the school of the first informant by means of forged and manufactured experience certificate issued from Sri Durga Devi Adarsh Sanskrit Degree College, Jagdishpur, Ballia. It has been further alleged that after rejecting the appointment of the applicant, the matter was forwarded to DIOS, Jaunpur by order of Manager of the said school and the FIR was lodged against the applicant on 11.2.2022.
It is contended on behalf of the applicant that the applicant was appointed on the post of Principal on 21.3.2015 and at that time he annexed the experience certificate issued from Shri Ram Roop Sanskrit Degree College, Jamuwari Kachhawa, Mirzapur along with the application. He worked as Assistant Teacher in the said institution from 1.7.2008 to 21.10.2013 and the first informant committed forgery in affixing/submitting forged and fake experience certificate of the applicant issued from Sri Durga Devi Adarsh Sanskrit Degree College, Jagdishpur, Ballia. When this fact came into knowledge of the applicant, he immediately moved an application before the S.P., Jaunpur to lodge the FIR against the first informant, but no action has been taken on the said application till date. Thereafter, the applicant moved an application U/s 156(3) CrPC on 12.5.2022 before the learned CJM, Jaunpur with the allegations that due to enmity and party bandi, the first informant removed the genuine certificate issued from Shri Ram Roop Sanskrit Degree College, Jamuwari Kachhawa, Mirzapur and annexed/submitted a forged and fake certificate of the applicant issued by Manager, Sri Durga Devi Adarsh Sanskrit Degree College, Jagdishpur, Ballia. Thus, the forgery was committed by the first informant in manipulating the service record of the applicant and as such, he committed a serious offence. However, on the application U/s 156(3) CrPC moved by the applicant, the FIR has been registered as Case Crime No. 170 of 2022 U/s 420/504/506 IPC, P.S. Kotwali, Jaunpur against the first informant and other members of the Management on 8.7.2022.
It is further stated that on the application U/s 156(3) CrPC moved by the applicant, the learned CJM, Jaunpur issued a direction to the S.H.O. concerned for registration of the FIR. It is further argued that the applicant worked as Assistant Teacher in district Mirzapur from 1.7.2008 to 21.10.2013 regarding which a copy of the attendance register of the applicant and other teachers from the year 2008 to 2014 containing only 2-3 pages of every year has been annexed as Annexure-6 to the application.
It is further submitted that the applicant was fully qualified and competent to be appointed as Assistant Teacher on 1-7-2008 in Shri Ram Roop Sanskrit Degree College, Jamuwari Kachhawa, Mirzapur and he worked there upto 21-10-2013 as Assistant Teacher, this fact can be verified from the aforesaid attendance register of Assistant Teacher appointed in the said degree college in the year 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14.
The learned counsel for the applicant further submits that the first informant forced and pressurized the applicant to pay 10 to 20% commission out of total salary, but the applicant refused to do so. Then a serious dispute arose between the applicant and the first informant and only to tarnish the image of the applicant, the first informant fabricated and manipulated the genuine experience certificate issued from Shri Ram Roop Sanskrit Degree College, Jamuwari Kachhawa, Mirzapur.
It is further submitted that without any approval of Vice-chancellor of Sampurnanand Sanskrit University, Varanasi, the first informant cancelled the appointment of the applicant, regarding which the applicant filed Civil Misc. Writ Petition No. 5649 of 2020 before this Court which is still pending. It is further submitted that regarding experience certificate, inquiry was conducted at the behest of the said Vice Chancellor and after detailed inquiry, the Inquiry Officer came to the conclusion that the experience certificate dated 13.11.2013 of the applicant issued by Manager at Mirzapur Institution was found to be genuine. Thus, the whole prosecution against the applicant is malicious. The applicant never committed the offence as alleged in the FIR. He never prepared any forged experience certificate. Thus, no offence is made out against the applicant.
The counsel for the applicant further submits that the applicant has no criminal antecedents and he is ready to cooperate in the investigation. The applicant undertakes that if he is granted anticipatory bail, he shall not misuse the liberty of the same.
Learned A.G.A. as well as the learned counsel for the first informant vehemently opposed the prayer for anticipatory bail made by the applicant and submitted that the experience certificate dated 5.11.2014 was alleged to have been issued from Sri Durga Devi Adarsh Sanskrit Degree College, Jagdishpur, Ballia and on the basis of forged and fake certificate, the applicant was duly appointed to the post of Principal in the said Institution of the first informant on 21.3.2015. It is further submitted that after due verification, the said experience certificate dated 5.11.2014 was found to be fake and fictitious inasmuch as, no such institution is in existence. Due to this, the appointment of the applicant as Principal was cancelled by the Committee of Management on 28.6.2019. Thereafter against the dismissal order, the applicant approached this Court by means of Civil Misc. Writ Petition No. 5649 of 2020 on 10.7.2020 which is still pending. In reply to Para Nos. 2 and 3 of the aforesaid writ petition, counter affidavit was filed by the respondent/University stating therein that the University granted approval for selection for appointment of the applicant to the post of Principal on the basis of teaching experience certificate issued from Sri Durga Devi Adarsh Sanskrit Degree College, Jagdishpur, Ballia. It is also submitted that the applicant himself stated in the affidavit before the Civil Judge (J.D.). that after completing his studies, he had been appointed as LIC agent in Jaunpur branch and he worked there for the last twelve years.
It is further argued by the learned counsel for the first informant that the applicant was never appointed on the post of Assistant Teacher in Ballia as well as in Mirzapur. It is clear that for getting selection on the post of Principal in the Institution of the first informant, the applicant deliberately concealed aforesaid material. Thus, the applicant does not deserve any anticipatory bail and his application is liable to be rejected.
Considering the entire facts and circumstances of the case and 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, the applicant- Vinay Dubey involved in the aforesaid crime 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 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 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, 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 three 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 the aforesaid terms, the application is disposed of.
Order Date :- 1.8.2022 Shravan