The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7359 of 2024 Abel Suna ..... Cbi, New Delhi -versus- ..... Petitioner Represented By Adv. - Prasanna Kumar Nayak (1) Opposite Parties
Legal Reasoning
Represented By Adv. - Mr. Sarthak Nayak CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. 01. 1. 2.
Decision
ORDER 23.08.2024 This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner and Mr. Sarthak Nayak, learned Counsel appearing for the Opposite Party-CBI. 3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with FIR bearing RC No.2212023E0013, dated 09.05.2023, arising out of CBI, vide PS:EO-III, Delhi, for alleged commission of offences punishable under Sections 120-B, 420, 468, 471 read with 511 of IPC and Section 7(a) of P.C. Act. 4. Learned counsel for the Petitioner at the outset submitted that Page 1 of 5. the Petitioner has been implicated in the present case on the allegation that she had submitted a fake certificate at the time of recruitment of Gramin Dak Sevak by the Postal Department. Learned counsel for the Petitioner further submitted that the Petitioner had submitted her online application along with her certificates indicating her qualification as 10th Pass. However, subsequently, it was detected that fake educational qualification certificate has been filed by many of the candidates, who participated in the recruitment process. Accordingly, a case was registered with the Central Bureau of Investigation by the Postal Department. He further submitted that the Petitioner is a lady aged about 38 years and that she is ready and willing to cooperate with the investigation in the event she is released on anticipatory bail by this Court. 5. Mr. Nayak, learned counsel for the CBI on the other hand referred to the affidavit filed by the CBI in the present matter. On perusal of the affidavit, it appears that in Para-4 it has been categorically stated that the recruitment process was carried out at the instance of the Postal Department in which the Petitioner had appeared along with many other candidates for recruitment of 1382 posts of Gramin Dak Sevak. He further contended that as per the procedure laid down, the candidates are required to upload their application form along with their certificates and mark-sheets. Thereafter the selection was made automatically by a computerized system. He further contended that on verification of the certificates by the Odisha Postal Circle, it was detected that several candidates had allegedly submitted forged/fake certificates and mark-sheets for Page 2 of 5. consideration of their candidature to be appointed as Gramin Dak Sevak. He further alleged that a total 63 candidates from various Districts of State of Odisha have been found to have uploaded fake educational qualification certificates. Further, he contended that some of the certificates have been allegedly issued by educational institutions situated in Allahabad, West Bengal, Jharkhand etc. Learned counsel for the CBI further alleged that it appears that an inter-state racket is in operation which is creating and supplying fake and forged certificates to the candidates and, this has been done in connivance with the candidates who are interested and getting government jobs. It was also contended that from the materials collected so far during investigation, it appears that certain departmental employees are also involved in the above conspiracy. So far, the present Petitioner is concerned, it is further stated that the certificates of the Petitioner indicate the fact that she has passed 10 th Standard and procured certificates in that regard from the Uttar Pradesh Board. It was also contended that on verification it is found that no such certificate has been issued by the concerned authority in favour of the Petitioner. Finally, learned counsel for CBI has further submitted that although a notice, dated 13.06.2024, under Section 41-A of Cr.P.C. was issued to the present Petitioner as well as her father, with intimation to appear before the CBI on 20.06.2024. However, only the Petitioner has responded by forwarding a reply e- mail wherein she has sought for some time to appear before the CBI on the ground of illness. On such ground, learned counsel for the CBI submitted that the present anticipatory bail application of the petitioner should not be entertained at this juncture since the same Page 3 of 5. will most likely cause delay in the conclusion of the investigation. 6. Considering the nature of allegation, gravity of offence and the facts and circumstances of the present case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks from today and moves an application for bail, the Court in seisin over the matter shall release the petitioner on bail in connection with the aforesaid case on such terms and conditions as deemed just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the petitioner. In the event, the Petitioner is having any criminal antecedent, then this order stands automatically revoked. Additionally, it is directed that the investigating officer in the present case shall try to conduct interrogation at the Bhubaneswar Office, having regard to the inconvenience which might otherwise be caused to the petitioner, in view of the fact that the Petitioner is a lady and belongs to a poor family. 7. The release of the Petitioner shall also be subject to following conditions:- i) shall cooperate with the investigation and; ii) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause; iii) shall not make any attempt to tamper with the prosecution evidence; Page 4 of 5. Violation of any of the terms and conditions shall entail cancellation of bail. 8. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. RKS ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2024 16:56:12