High Court · 2025

2. Learned counsel appearing on behalf of the applicant has submitted that the main allegation against the applicant is that on the basis of forged certificates he got service in the Education Department on the post of Assistant Teacher in District Ballia and thereafter he was transferred to Basti in the year 2005. He has further submitted that after 27 years of service, Basic Siksha Adhikari, Basti had stopped the salary of applicant on 06.12.2023. Thereafter, applicant preferred a writ petition before this Court and this Court disposed of the writ petition vide order dated 22.03.2024 and held that stopping the salary of applicant is not proper. It is also submitted that services of applicant has been terminated on 21.03.2024 and F.I.R. was registered by Basic Shiksha Adhikari in October, 2024, after seven months of termination. Learned counsel for applicant has submitted that thereafter the applicant has surrendered before the trial court on 30.01.2025. It is further submitted that all the allegations as made in the F.I.R. are false and fabricated and applicant has not committed any offence as alleged in the F.I.R. Learned counsel for the applicant has further submitted that there are no material on record to connect the applicant with the commission of any criminal offence as there was no mens ria to forge or fabricate any document for the purpose of getting the job as alleged. Learned counsel for the applicant has also submitted that the applicant is a Teacher and Headmaster of a School and he has no previous criminal antecedent. Applicant is the permanent resident of Village Magahar, Police Station Kotwali Khalilabad, District Sant Kabir Nagar and deeply root person of the society. He has further submitted that after completion of investigation, the charge sheet has been filed by the investigating officer. Applicant is languishing in jail since 30.01.2025.

3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

4. Per contra, learned AGA vehemently opposed the bail application and has submitted that this is the clear cut case of forgery and also there is allegation and sufficient material on record collected by the police during investigation to connect the applicant with the commission of crime of forged certificate, marks sheet, transfer certificate etc. It has been further submitted that such offence committed by the applicant is very serious in nature and if the applicant will convict in the said offence as alleged in the F.I.R., he may be sentenced for life imprisonment. It is also submitted that applicant has already been held guilty and his appointment has been held to be void ab initio on the basis of the forged certificate, marks sheet and other documents. It is further submitted that the after completion of investigation, charge sheet has been filed against the applicant and cognizance has been taken by the court on 05.02.2025. He has further submitted that applicant has not made out the case to release the applicant on bail, in such type of cases.

5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

6. It is admitted fact that the applicant found guilty in the departmental enquiry and his services have been declared null and void.

7. I have considered the material available on record to adjudicate the offence as alleged in the F.I.R. It is not disputed that there are sufficient material against the applicant for filing the charge sheet before the court concerned. The applicant was Headmaster of the School in District Basti and prior that he was Teacher in the School at Ballia District. After 27 years of service, the submission of forged documents was brought to the notice of department and the department had initiated departmental enquiry against the applicant and a writ petition is still pending before this Court. There are no criminal antecedent against the applicant. He is permanent resident of Village Magahar, Police Station Kotwali Khalilabad, District Sant Kabir Nagar and also undertaken that the applicant shall abide by all the terms and conditions as imposed by this Court and the applicant shall co-operate in the trial and there is no chance of completion of trial in near future.

8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

9. Let the applicant - Anil Kumar Gupta, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . Order Date :- 21.4.2025 Atul (Chandra Dhari Singh, J.) ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

2. Learned counsel appearing on behalf of the applicant has submitted that the main allegation against the applicant is that on the basis of forged certificates he got service in the Education Department on the post of Assistant Teacher in District Ballia and thereafter he was transferred to Basti in the year 2005. He has further submitted that after 27 years of service, Basic Siksha Adhikari, Basti had stopped the salary of applicant on 06.12.2023. Thereafter, applicant preferred a writ petition before this Court and this Court disposed of the writ petition vide order dated 22.03.2024 and held that stopping the salary of applicant is not proper. It is also submitted that services of applicant has been terminated on 21.03.2024 and F.I.R. was registered by Basic Shiksha Adhikari in October, 2024, after seven months of termination. Learned counsel for applicant has submitted that thereafter the applicant has surrendered before the trial court on 30.01.2025. It is further submitted that all the allegations as made in the F.I.R. are false and fabricated and applicant has not committed any offence as alleged in the F.I.R. Learned counsel for the applicant has further submitted that there are no material on record to connect the applicant with the commission of any criminal offence as there was no mens ria to forge or fabricate any document for the purpose of getting the job as alleged. Learned counsel for the applicant has also submitted that the applicant is a Teacher and Headmaster of a School and he has no previous criminal antecedent. Applicant is the permanent resident of Village Magahar, Police Station Kotwali Khalilabad, District Sant Kabir Nagar and deeply root person of the society. He has further submitted that after completion of investigation, the charge sheet has been filed by the investigating officer. Applicant is languishing in jail since 30.01.2025.

3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

4. Per contra, learned AGA vehemently opposed the bail application and has submitted that this is the clear cut case of forgery and also there is allegation and sufficient material on record collected by the police during investigation to connect the applicant with the commission of crime of forged certificate, marks sheet, transfer certificate etc. It has been further submitted that such offence committed by the applicant is very serious in nature and if the applicant will convict in the said offence as alleged in the F.I.R., he may be sentenced for life imprisonment. It is also submitted that applicant has already been held guilty and his appointment has been held to be void ab initio on the basis of the forged certificate, marks sheet and other documents. It is further submitted that the after completion of investigation, charge sheet has been filed against the applicant and cognizance has been taken by the court on 05.02.2025. He has further submitted that applicant has not made out the case to release the applicant on bail, in such type of cases.

5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

6. It is admitted fact that the applicant found guilty in the departmental enquiry and his services have been declared null and void.

7. I have considered the material available on record to adjudicate the offence as alleged in the F.I.R. It is not disputed that there are sufficient material against the applicant for filing the charge sheet before the court concerned. The applicant was Headmaster of the School in District Basti and prior that he was Teacher in the School at Ballia District. After 27 years of service, the submission of forged documents was brought to the notice of department and the department had initiated departmental enquiry against the applicant and a writ petition is still pending before this Court. There are no criminal antecedent against the applicant. He is permanent resident of Village Magahar, Police Station Kotwali Khalilabad, District Sant Kabir Nagar and also undertaken that the applicant shall abide by all the terms and conditions as imposed by this Court and the applicant shall co-operate in the trial and there is no chance of completion of trial in near future.

8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

9. Let the applicant - Anil Kumar Gupta, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . Order Date :- 21.4.2025 Atul (Chandra Dhari Singh, J.) ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad