Allowed

Itrat Ali v. State of U.P. and Another

Allahabad HC23 Jan 2020ABAIL/835/2020

Case brief

AI extract

What is this about?

The court allowed an anticipatory bail application filed by Itrat Ali, a school principal accused of forgery and corruption. Granting bail without prejudging the case merits due to lack of criminal antecedents and insufficient evidence of pecuniary advantage at that stage.

What did the court decide?

Release on anticipatory bail by furnishing personal bond of Rs. 25,000 and two sureties with specific conditions including availing interrogation.

Itrat Ali Vs State of U.P. and Another — Corruption | Allahabad HC (2020)

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Court No. - 66

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 835 of 2020

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Applicant :- Itrat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard Sri Shivesh Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.

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Learned counsel for the applicant submitted that in the year 2001 the applicant was working as Principal in Primary School Kehara, Block Fatehganj, District Bareilly. The prosecution case is that on basis of transfer order joined one Anju Gupta as teacher without holding proper inquiry and authentication of the transfer order. Later on, it was found that the said transfer order was forged. Learned counsel has argued that F.I.R. was lodged in the year 2001 and after investigation final report was submitted in 2013; the Vigilance Department hold an open inquiry in which it was found that the transfer order and other documents of Anju Gupta are forged. It is stated that sanction was awarded in 2019 and at this stage there is nothing to demonstrate that the applicant was involved in any corrupt practice or taken undue pecuniary advantage by making Anju Gupta joining as Assistant Teacher. The applicant is still working as Principal. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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In the event of arrest of the applicant Itrat Ali involved in Case Crime No. 981 of 2013, u/s 419, 420, 467, 468, 471, 120-B IPC read with Section 13(1)d and 13(2) of Anti-corruption Act and Section 204, 217, 409 IPC, P.S. Subhash Nagar, District Bareilly shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs.

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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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(i) the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of four months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.

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In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.

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Order Date :- 23.1.2020 Dhirendra/

Itrat Ali v. State of U.P. and Another

Case brief

What is this about?

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Itrat Ali v. State of U.P. and Another

Case brief

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