Ashish Kumar Singh v. State of U. P. Through Secretary Home Govt Of U. P.
2022-02-15
VIVEK KUMAR SINGH
body2022
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the parties and perused the material brought on record. 2. It is submitted on behalf of the applicant that applicant is an innocent and the present F.I.R. has been lodged on false and frivolous facts on the basis of general allegation and no specific role has been assigned to the applicant nor it has been specified as to in what manner the applicant got his mark sheet forged. Such type of allegation made in the report of S.I.T. that there were more than 3500 fake mark sheets and about 1000 tampered mark sheets, cannot be the basis of lodging of F.I.R. against the applicant. The applicant has completed his service as Assistant Teacher for more than a decade. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is also submitted that several similarly situate persons have been granted anticipatory bail by different Benches of this Court. (Bail orders granted by different Benches of this Court to similarly situate persons have been attached to the affidavit filed in support of instant Anticipatory Bail Application). The applicant has not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit. 3. Learned A.G.A. opposed the prayer for anticipatory bail and has not disputed the fact that several similarly situate perons have been granted anticipatory bail. 4. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case. 5.
4. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that applicant has no criminal antecedent, the applicant is entitled to be released on anticipatory bail in this case. 5. In the event of arrest of the applicant Ashish Kumar Singh, who is involved in Case Crime No. 0029 of 2020, under Sections-409, 420, 467, 468, 471 IPC, Police Station-Madnapur, District-Shahjahanpur, shall be released on anticipatory bail till the submission of police report, under section 173 (2) Cr.P.C., before the competent court, on his furnishing a personal bond of Rs.25,000/-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:- (i) the applicant shall make himself available for interrogation by a police office 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/her from disclosing such facts to the Court or to any police officer; (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/her before the S.S.P./S.P. Concerned. 6. 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. 7. 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. 8. 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. 9. With the aforesaid observations/directions instant Anticipatory Bail Application is disposed of.