Allahabad High Court
Smt. Sudha Rani vs State Of U.P. And 2 Others on 21 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9988 of 2021 Applicant :- Smt. Sudha Rani Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vinod Kumar Singh,Diwakar Prasad Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application seeking anticipatory bail has been filed by the applicant- Smt. Sudha Rani being aggrieved of registration of a criminal case registering Case Crime No. 0060 of 2021 at Police Station- Papraich, District- Gorakhpur, under Sections 419, 420, 467, 468, 471 IPC.
Allegation on the applicant is that she is a beneficiary of forged documents on basis of which she had procured employment as an Assistant Teacher, whereas according to the applicant neither her documents are forged nor there is any manipulation.
Allegation against the applicant is that she obtained employment on the strength of forged high school and intermediate mark sheets and when this fact came to the knowledge of District Basic Education Officer, then FIR has been lodged.
Learned AGA submits that his instructions are complete. There is a racket going on in the State of Uttar Pradesh where beneficiaries are obtaining forged marksheets in connivance with the middleman and the mastermind, who are having thorough knowledge of the system, operationalized in various universities.
It is submitted that authorities are deliberately trying to protect the responsible concerned officials, who in collusion with certain other persons, manipulated with the marksheet and cheated innocent persons like applicant.
After hearing learned counsel for the parties and going through the record, it is evident that prima facie applicant is a beneficiary of forged documents. It is a matter of investigation as to whether, who all are involved in creating forged appointment order and who all are party to the offence, committed by certain influential accused persons, which may include officials of the Basic Education Parishad. In view of said facts, it is necessary that applicant surrenders before the Authorities and cooperate with the Investigating Officer, inasmuch as, the chain of beneficiary, middleman and mastermind is long and unless and until, they are all subjected to investigation for which sometimes custodial investigation may also be necessary to reach the roots of the crime, which is paralyzing the fabric of the society and also attacking on the roots of the education system, may not be exposed.
In view of such facts, in the present case, I am of the opinion that for the present, applicant has failed to make out a case for grant of anticipatory bail, thus, application fails and is dismissed.
Order Date :- 21.6.2021 Ravi/-