High Court

Counter affidavit filed today by learned Counsel for the State is taken on record. The notice was issued to opposite party no. 2 and as per office report, the same has been served personally but no one is present on behalf of the complainant. Under the aforesaid circumstances, the Court is proceeding in the matter. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0351 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Balrampur. From perusal of the order sheet, it appears that on 05.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0351 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Kotwali Nagar District -Balrampur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the first information report, it has been alleged that the applicant while preparing a forged panel of appointment has got appointed on the post of Assistant Teacher in D.A.V. Inter College, Balrampur though, the same is not true. He added that one of such teacher namely, Amit Kumar Srivastava moved Writ A No. 7673 of 2023 wherein, this Court has passed the order on 29.05.2023, while directing the State Government to hold a business enquiry in such matter which is still pending. Adding his arguments, he submits that subsequently, an order was also passed on 08.01.2024 and it was provided that until further orders of the Court, no coercive action to implicate such candidates will take place without leave of the Court. He also submits that since the business inquiry is still going on and the authorities have to come to the conclusion that whether, any fraud has been committed by such Teachers including the present applicant and therefore, allowing the criminal proceedings prior to coming to such conclusion would amount to harassment and injustice with the applicant. He submits that the applicant is a law-abiding citizen and has no criminal history to his credit and is cooperating with the investigation proceedings and undertakes that he will never abscond from the same. He also submits that there is apprehension that the applicant will be arrested by the police without his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Bhupendra Kumar Yadav shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." From perusal of the order dated 05.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Bhupendra Kumar Yadav till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 10.2.2025 kkv/

Counter affidavit filed today by learned Counsel for the State is taken on record. The notice was issued to opposite party no. 2 and as per office report, the same has been served personally but no one is present on behalf of the complainant. Under the aforesaid circumstances, the Court is proceeding in the matter. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0351 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Balrampur. From perusal of the order sheet, it appears that on 05.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0351 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Kotwali Nagar District -Balrampur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that as per the first information report, it has been alleged that the applicant while preparing a forged panel of appointment has got appointed on the post of Assistant Teacher in D.A.V. Inter College, Balrampur though, the same is not true. He added that one of such teacher namely, Amit Kumar Srivastava moved Writ A No. 7673 of 2023 wherein, this Court has passed the order on 29.05.2023, while directing the State Government to hold a business enquiry in such matter which is still pending. Adding his arguments, he submits that subsequently, an order was also passed on 08.01.2024 and it was provided that until further orders of the Court, no coercive action to implicate such candidates will take place without leave of the Court. He also submits that since the business inquiry is still going on and the authorities have to come to the conclusion that whether, any fraud has been committed by such Teachers including the present applicant and therefore, allowing the criminal proceedings prior to coming to such conclusion would amount to harassment and injustice with the applicant. He submits that the applicant is a law-abiding citizen and has no criminal history to his credit and is cooperating with the investigation proceedings and undertakes that he will never abscond from the same. He also submits that there is apprehension that the applicant will be arrested by the police without his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Bhupendra Kumar Yadav shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." From perusal of the order dated 05.12.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Bhupendra Kumar Yadav till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 10.2.2025 kkv/