Rajesh Kumar Yadav @ Rajesh Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2724 of 2023 Applicant :- Rajesh Kumar Yadav @ Rajesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashish Raman Mishra, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 257 of 2021, under Sections 4198, 420 IPC, Police Station Fatehpur Chaurasi, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged by Lekhpal on 23.07.2021 against the applicant and his wife, alleging that the applicant has obtained appointment on the post of teacher on the basis of a fake domicile certificate. The FIR does not disclose the basis of this allegation.

¶4In the affidavit filed in support of the application it has been stated that the applicant is innocent, he has falsely been implicated in the present case for the reason that he is witness in a case lodged against the village pradhan. Due to the aforesaid animosity, the applicant has been implicated in three other cases, in one of which the Investigating Officer has submitted a final report and in the other two cases he has been granted bail.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not disclose the basis of allegation that the domicile certificate of the applicant has been obtained on the basis of fake documents; that the applicant being employed as a teacher in government school, there appears to be no reasonable apprehension of his absconding from the process of law and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant during pendency of the trial.

¶7In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Rajesh Kumar Yadav @ Rajesh Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness. Order Date :- 28.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench