Allahabad High Court
Karuna Rai And Another vs State Of U.P. And 2 Others on 17 March, 2020
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2285 of 2020 Applicant :- Karuna Rai And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Dubey, learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicants that the applicants have been falsely implicated in this case on the basis of false and frivolous allegations that the applicants had sought employment as an Assistant Teacher on the basis of forged marksheet. It is further submitted that the applicant has already been terminated from the service. It is stated that the applicants have challenged the impugned show-cause-notice in Writ-A No. 7322 of 2018 and the Court vide order dated 7.3.2018 directed the applicants to move their response before the respondents therein who shall decide the same in accordance with law. The applicants in compliance of aforesaid order filed their response to the show-cause-notice but the same was not decided as such the applicants have also filed a contempt petition being Contempt Application (Civil) No.1529 of 2020 which was disposed of vide order dated 3.3.2020. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. opposed the prayer for bail but could not refute the submissions advanced by learned counsel for the applicants.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Karuna Rai and Satyendra Kumar Rai involved in Case Crime No. 285 of 2019, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station- Sidhari, District- Azamgarh, they shall be released on anticipatory bail on each of them 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:-
1) that the applicants shall make themselves available for interrogation by a police officer as and when required;
2) that the applicants 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 officer or tamper with the evidence;
3) that the applicants shall not leave India without the previous permission of the court;
4) that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants;
5) that the investigating officer is directed to conclude the investigation in the present case in accordance with law expeditiously, preferably, within a period of four months from the date of production of a certified copy of this order independently without being prejudiced by any observation made by this court while considering or deciding the present bail application of the applicants;
6) that the applicants are directed to produce certified copy of this order before the SSP/SP concerned forthwith, who shall ensure the compliance of the present order;
7) that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
8) that the applicants shall not pressurize/ intimidate the prosecution witness;
9) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
10) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
It is made clear that if the charge-sheet is submitted and cognizance is taken and matter is committed to the Court of Sessions, as the case may be, the trial court shall decide the trial preferably within a period of one year from the cognizance/committal of the case to the Court of Sessions.
In view of aforesaid, the present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 17.3.2020 Vikas