Uttarakhand High Court
Ramkishor @ Naresh vs State Of Uttarakhand on 5 August, 2020
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
First Bail Application No. 2779 of 2019
Ramkishor @ Naresh ....Applicant
Versus
State of Uttarakhand ....Opposite party
Present:-
Mr. B.N. Molakhi, Advocate for the applicant.
Mr. Pratiroop Pandey, A.G.A for the State.
Hon'ble Ravindra Maithani, J.
Applicant Ramkishor @ Naresh, who is in judicial custody in FIR No. 46 of 2018 under Sections 420, 467, 468 and 471 IPC, Police Station Ramnagar, District Nainital has sought his release on bail.
2. Heard learned counsel for the parties through video conferencing.
3. FIR in the instant case was lodged by District Education Officer, Nainital. According to it, the real name of the applicant is Naresh son of late Jhandu Singh, but by using the educational documents of a Ram Kishore son of Manohar Singh, he secured his appointment as a Teacher in a Government Primary High School, Thari. An enquiry was conducted by the Department, he was suspended and required to submit his response, but he did not. He was given an opportunity to explain by way of news published in the newspaper, but again he failed to give any response to the Department. It is this FIR, in which, during investigation, the applicant has been arrested.
4. Learned counsel for the applicant would argue that no offence under Sections 420, 467, 468 and 471 IPC is made out. At the 2 most, it may be a case of cheating by impersonation; applicant did not forge any documents; he had his Aadhar Card etc.
5. On the other hand, learned State counsel would argue that the applicant secured government job by using the educational documents of a Ram Kishore son of Manohar Singh. When this fact came into light departmental enquiry was conducted and when the photograph of the informant was shown to his brothers, they also identified him as Naresh son of Jhandu Singh. Reference has been made to a report of in-charge S.I.T. dated 09.11.2017, which is filed alongwith supplementary affidavit.
6. It is not a case of lodging of an FIR, on mere information having been received. It is a case, in which, the Department, after information having been received that the applicant procured documents of some other persons to secure government job, conducted an enquiry. S.I.T was also constituted to look into this matter, which concluded that the real name of the applicant is Naresh son of Jhandu Singh and he used the documents of Ram Kishore son of Manohar Singh to secure service in the educational department.
7. Having considered the submissions, under the facts and circumstances of the case, this Court is of the view that there are no grounds whatsoever to enlarge the applicant on bail.
8. The bail application is rejected.
(Ravindra Maithani, J.) 05.08.2020 Shubham