High Court
Case Details
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- Tarunesh Kumar Singh on anticipatory bail in Case Crime (FIR) No. 321 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) of BNS, 2023, Police Station Ghazipur, District Lucknow. Vide order dated 04.10.2024, notice was issued to the complainant/opposite party no.2 and as per the office report, the same could not be served as the opposite party no.2 has been transferred from Lucknow to district Amethi. From perusal of the order sheet, it appears that on 04.10.2024, following order was passed wherein the applicants have been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.321/2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) of BNS, P.S. Ghazipur, District Lucknow. In the prosecution case it is alleged that informant alleged that he received a direction through a letter dated 19.07.2024 to register first information report against the present applicant, Mohit Kumar and Vinod Kumar, for issuing forged appointment letters on the basis of forged documents and also against Garima Singh who sought disbursement of the amount presenting forged documents. Regarding the same Garima Singh has presented the forged documents on12.07.2024 in the office of informant wherein applicant is stated to be the main accused. Learned counsel for the applicant submits that admittedly, Km. Garima Singh's claim regarding disbursement and appointment came into the light of the school authorities in the year 2023 itself, however despite this, F.I.R. has been lodged on 01.08.2024. He submits that there is no allegation in the F.I.R. that applicant has received any benefit from the forged appointment of Km. Garima Singh. Applicant is a duly selected and appointed teacher in the school. On 27.02.2023 a letter was written by Km. Garima Singh requesting payment of salary for services rendered as Assistant Teacher in the Janta Vidyalaya. In the meantime, applicant and other Assistant Teachers namely Mohit Kumar and Vinod Kumar were not being paid their salary they file Writ-A No.3310 of 2023. That petition was allowed vide judgment and order dated 16.05.2023. While allowing the petition, the Co-ordinate Bench of this Court directed that petitioners shall be paid their salary along with the arrears. When despite High Court's order payment was not made to the petitioners they filed contempt petition. After filing of the contempt petition, the order dated 21.05.2024 was passed by the contempt court wherein contempt court dismissed the application moved by the school authorities for deferment of the proceedings of contempt and directed conditional appearance of the contemnors. As a counterblast by taking letter from Km. Garima Singh dated 12.07.2024 this F.I.R. came to be lodged by which applicant has been falsely implicated. Learned counsel for the applicant undertakes that applicant will cooperate in the investigation/trial, if needed. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. He submits that investigation is still going on. List on 08.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that investigation is going on and the undertaking given by the applicant that he will cooperate in the investigation/trial, if needed as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." From perusal of the order dated 04.10.2024, 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, Tarunesh Kumar Singh 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 :- 27.1.2025/Praveen
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- Tarunesh Kumar Singh on anticipatory bail in Case Crime (FIR) No. 321 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) of BNS, 2023, Police Station Ghazipur, District Lucknow. Vide order dated 04.10.2024, notice was issued to the complainant/opposite party no.2 and as per the office report, the same could not be served as the opposite party no.2 has been transferred from Lucknow to district Amethi. From perusal of the order sheet, it appears that on 04.10.2024, following order was passed wherein the applicants have been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.321/2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) of BNS, P.S. Ghazipur, District Lucknow. In the prosecution case it is alleged that informant alleged that he received a direction through a letter dated 19.07.2024 to register first information report against the present applicant, Mohit Kumar and Vinod Kumar, for issuing forged appointment letters on the basis of forged documents and also against Garima Singh who sought disbursement of the amount presenting forged documents. Regarding the same Garima Singh has presented the forged documents on12.07.2024 in the office of informant wherein applicant is stated to be the main accused. Learned counsel for the applicant submits that admittedly, Km. Garima Singh's claim regarding disbursement and appointment came into the light of the school authorities in the year 2023 itself, however despite this, F.I.R. has been lodged on 01.08.2024. He submits that there is no allegation in the F.I.R. that applicant has received any benefit from the forged appointment of Km. Garima Singh. Applicant is a duly selected and appointed teacher in the school. On 27.02.2023 a letter was written by Km. Garima Singh requesting payment of salary for services rendered as Assistant Teacher in the Janta Vidyalaya. In the meantime, applicant and other Assistant Teachers namely Mohit Kumar and Vinod Kumar were not being paid their salary they file Writ-A No.3310 of 2023. That petition was allowed vide judgment and order dated 16.05.2023. While allowing the petition, the Co-ordinate Bench of this Court directed that petitioners shall be paid their salary along with the arrears. When despite High Court's order payment was not made to the petitioners they filed contempt petition. After filing of the contempt petition, the order dated 21.05.2024 was passed by the contempt court wherein contempt court dismissed the application moved by the school authorities for deferment of the proceedings of contempt and directed conditional appearance of the contemnors. As a counterblast by taking letter from Km. Garima Singh dated 12.07.2024 this F.I.R. came to be lodged by which applicant has been falsely implicated. Learned counsel for the applicant undertakes that applicant will cooperate in the investigation/trial, if needed. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. He submits that investigation is still going on. List on 08.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that investigation is going on and the undertaking given by the applicant that he will cooperate in the investigation/trial, if needed as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." From perusal of the order dated 04.10.2024, 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, Tarunesh Kumar Singh 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 :- 27.1.2025/Praveen