Dismissed

Nasreen Jahan Siddiqui v. State of U.P. and Another

Allahabad HC19 Oct 2020ABAIL/4176/2020

Case brief

AI extract

What is this about?

This Court disposed of an anticipatory bail application by confirming an earlier interim order dated 13.07.2020 granting bail to the applicant in case crime no. 34 of 2020 IPC Sections 419, 420, 467, 468., subject to existing conditions, without receiving an adverse counter affidavit by the State.

What did the court decide?

Order dated 13.07.2020 enlarging applicant on interim anticipatory bail in case crime no. 34 of 2020 under Sections 419, 420, 467, 468 IPC was confirmed; present application disposed of.

Nasreen Jahan Siddiqui Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 65

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4176 of 2020

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Applicant :- Nasreen Jahan Siddiqui Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pulak Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Vide order dated 13.07.2020, the applicant has been enlarged on interim anticipatory bail. The said order is quoted below:-

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"Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.

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This Criminal Misc. Anticipatory Bail Application under section 438 Cr.P.C. has been moved by the applicant after rejecting his anticipatory bail application by the order dated 29.06.2020 passed by District Judge, Siddharth Nagar, seeking Anticipatory Bail in case crime no. 34 of 2020, under sections 419, 420, 467, 468 IPC, Police Station Siddharth Nagar, District Siddharth Nagar during the pendency of the investigation.

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Learned counsel for the applicant has submitted that applicant has lawfully applied for her appointment on the post of Assistant Teacher, but till date no appointment letter has been issued to the applicant. The impugned FIR dated 24.01.2020 has been lodged against the applicant and 32 other candidates without making any preliminary inquiry and without issuing show cause notice to the applicant alleging that they have submitted their forms on the basis of forged documents. Learned counsel has relied upon orders dated 10.06.2020, 18.06.2020, 19.06.2020 and 26.06.202 of five Co-accused persons passed by coordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Nos. 2565 of 2020, 3108 of 2020, 3176 of 2020 and 3479 of 2020 respectively (Annexure No.4) in which they have been granted anticipatory bail and case of present applicant is identical to the aforementioned cases of other co-accused persons, therefore, applicant is also entitled for the same protection. Applicant has no criminal history to his credit. Lastly, it is submitted that she has apprehension of imminent arrest and in case, applicant is released on bail, she would not misuse the liberty and would cooperate with the investigation.

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Learned Additional Government Advocate, who has accepted notice of this case on behalf of State of U.P. has opposed the prayer for granting anticipatory bail to the applicant.

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Looking to the facts of the case, reasonable apprehension of arrest, taking into consideration the gravity and nature of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, this court is of the view that at this stage prima facie case for exercising its discretionary power under Section 438 Code of Criminal Procedure is made out in favour of applicant.

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Learned Additional Government Advocate prays for and is granted four

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weeks' time to file counter affidavit. Learned A.G.A. shall communicate this order to the investigating officer of the case and Superintendent of Police concerned. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 25.08.2020 before the appropriate Bench.

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Till the next date of listing, in the event of arrest of the applicant Nasreen Jahan Siddiqui involved in the aforesaid case shall be released on interim anticipatory bail on her furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.

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1)The applicant shall make herself available for interrogation by a police officer as and when required;

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2)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;

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3)The applicant shall not leave India without the previous permission of the court;

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4)In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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It is made clear that in case certified copy of this order is not issued due to COVID-19 pandemic, the copy of order downloaded by the official website of the Allahabad High Court shall be acted upon."

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While instructions may have been received by learned AGA, no adverse fact has been brought to the knowledge of the Court.

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In view of the above, in the event of arrest of the applicant - Nasreen Jahan Siddiqui involved in case crime no. 34 of 2020, under sections 419, 420, 467, 468 IPC, Police Station Siddharth Nagar, District Siddharth Nagar , she shall be released on anticipatory bail in terms of the order dated 13.07.2020.

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Present application stands disposed of .

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Order Date :- 19.10.2020 Abhilash

Nasreen Jahan Siddiqui v. State of U.P. and Another

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Nasreen Jahan Siddiqui v. State of U.P. and Another

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