High Court · 2025

2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He is in jail since 7.2.2025. It is submitted that the first informant namely Bindeshwari Prasad Mishra has lodged the FIR on 7.9.2024 against 8 persons including the applicant in Case Crime No. 0120 of 2024 under Section 319 (2), 318(4), 338, 336(3), 340(2) of BNS, Police Station - Trilokpur, District – Siddharth Nagar. During investigation, the Investigating Officer recorded statement of the first informant under Section 180 BNS in which he reiterated the contents of the FIR.

3. It is further submitted that the District Basic Education Officer, Siddharth Nagar has issued appointment letter on 7.1.2024 to the applicant for the post of Assistant Teacher and thereafter a primary school was allotted to him. The applicant joined his duty on 1.7.2024 in a primary school i.e. Harnakhuri, Block- Bhanwapur, District - Siddharth Nagar and similarly all other co- accused persons have also got appointment letters by the District Basic Education Officer and after getting the appointment letters they also joined their duties at their respective places.

4. The allegation against all the accused persons are that they got appointment letters and school allotted to them on the basis of forged document and they have been allowed to join on the basis of fabricated appointment letters.

5. Learned counsel appearing on behalf of the applicant submitted that is a man of clean antecedents and has no previous criminal history. It is submitted that other co-accused persons have already been granted anticipatory bail by the co-ordinate Bench of this Court. It is submitted that the applicant had also moved anticipatory bail application, meanwhile, he was arrested by the police. It is submitted that all the similarly placed co-accused persons have got anticipatory bail, therefore, on the same footing, the applicant is also entitled to be released on bail as he is languishing in jail since 7.2.2025.

6. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

7. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid facts as stated by the learned counsel for the applicant during argument though he has referred the CD No. 4 in which he has referred the statement of Shiv Sagar Chaubey, Jr. Clerk in the office of District Basic Education Officer and submitted that the appointment letter issued in favour of the applicant by the District Basic Education Officer is forged, but rest of the fact argued by the counsel, learned AGA could not dispute.

8. Heard learned counsel for the applicant, learned AGA for the State and perused the record

9. I have gone through the contents made in the application as well as the documents appended with the application and the order dated 19.2.2025passed by the co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 1048 of 2025 filed by the other co-accused persons and the same allowed and the accused persons were released on bail. Learned AGA could not dispute that there is any difference in the role of the present applicant and the co-accused persons, who have already been granted anticipatory bail.

10. It is admitted fact that the applicant is languishing in jail since 7.2.2025. He has no previous criminal history, he is a man of clean antecedents, he has undertaken to abide by the terms and conditions imposed by the court while grating bail, and the co- accused persons have already been granted anticipatory bail, nothing is brought in the notice of the Court that if the applicant is released on bail, he will misuse the liberty of bail and will not cooperate in the investigation and there is no chance of early conclusion of the trial.

11. Taking into consideration of all the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

12. Let the applicant - Balram Tripathi, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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.

13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.5.2025 S.K.S. (Chandra Dhari Singh,J.) SUNIL KUMAR SINGH High Court of Judicature at Allahabad

2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He is in jail since 7.2.2025. It is submitted that the first informant namely Bindeshwari Prasad Mishra has lodged the FIR on 7.9.2024 against 8 persons including the applicant in Case Crime No. 0120 of 2024 under Section 319 (2), 318(4), 338, 336(3), 340(2) of BNS, Police Station - Trilokpur, District – Siddharth Nagar. During investigation, the Investigating Officer recorded statement of the first informant under Section 180 BNS in which he reiterated the contents of the FIR.

3. It is further submitted that the District Basic Education Officer, Siddharth Nagar has issued appointment letter on 7.1.2024 to the applicant for the post of Assistant Teacher and thereafter a primary school was allotted to him. The applicant joined his duty on 1.7.2024 in a primary school i.e. Harnakhuri, Block- Bhanwapur, District - Siddharth Nagar and similarly all other co- accused persons have also got appointment letters by the District Basic Education Officer and after getting the appointment letters they also joined their duties at their respective places.

4. The allegation against all the accused persons are that they got appointment letters and school allotted to them on the basis of forged document and they have been allowed to join on the basis of fabricated appointment letters.

5. Learned counsel appearing on behalf of the applicant submitted that is a man of clean antecedents and has no previous criminal history. It is submitted that other co-accused persons have already been granted anticipatory bail by the co-ordinate Bench of this Court. It is submitted that the applicant had also moved anticipatory bail application, meanwhile, he was arrested by the police. It is submitted that all the similarly placed co-accused persons have got anticipatory bail, therefore, on the same footing, the applicant is also entitled to be released on bail as he is languishing in jail since 7.2.2025.

6. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

7. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid facts as stated by the learned counsel for the applicant during argument though he has referred the CD No. 4 in which he has referred the statement of Shiv Sagar Chaubey, Jr. Clerk in the office of District Basic Education Officer and submitted that the appointment letter issued in favour of the applicant by the District Basic Education Officer is forged, but rest of the fact argued by the counsel, learned AGA could not dispute.

8. Heard learned counsel for the applicant, learned AGA for the State and perused the record

9. I have gone through the contents made in the application as well as the documents appended with the application and the order dated 19.2.2025passed by the co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 1048 of 2025 filed by the other co-accused persons and the same allowed and the accused persons were released on bail. Learned AGA could not dispute that there is any difference in the role of the present applicant and the co-accused persons, who have already been granted anticipatory bail.

10. It is admitted fact that the applicant is languishing in jail since 7.2.2025. He has no previous criminal history, he is a man of clean antecedents, he has undertaken to abide by the terms and conditions imposed by the court while grating bail, and the co- accused persons have already been granted anticipatory bail, nothing is brought in the notice of the Court that if the applicant is released on bail, he will misuse the liberty of bail and will not cooperate in the investigation and there is no chance of early conclusion of the trial.

11. Taking into consideration of all the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

12. Let the applicant - Balram Tripathi, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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.

13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.5.2025 S.K.S. (Chandra Dhari Singh,J.) SUNIL KUMAR SINGH High Court of Judicature at Allahabad