Sachchitanand Pandey @ Sachchidanand Pandey Vs State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 81 of 2020

Applicant :- Sachchitanand Pandey @ Sachchidanand Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Rajul Bhargava,J.

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Heard learned counsel for the applicant and learned A.G.A for the state and perused the material on record and rejection order.

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This bail application has been moved on behalf of accusedapplicant Sachchitanand Pandey @ Sachchidanand Pandey, who is involved in Case Crime No. 914 of 2019, under Sections 419, 420, 467, 468, 471, 120-B of I.P.C and Section 7/13 of Prevention of Corruption Act, Police Station- Cantt, DistrictGorakhpur.

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As per the prosecution the present accused-applicant along with the accused persons by forming a gang are involved in the act of taking bribe and undue benefit on the pretext of saving appointment of teachers who have obtained it on the basis of forged educational certificate/degree as well as giving appointment to teachers through forged educational certificate/degree.

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Learned counsel for the applicant has submitted that the allegations levelled in the F.I.R. are absolutely false and applicant is an innocent person who has been falsely implicated in the case. He has contended that the applicant was going to purchase ornaments for the marriage of his daughter when he was arrested. The case of the applicant is distinguishable from other co-accused Harendra Kumar Singh from whose vehicle a sum of Rs.2,50,000/- is said to have been recovered. He has further contended that as per the F.I.R., the role assigned to the applicant is that of only helping one Surabhi Upadhyay, who is also a primary school teacher. The applicant has no connection with the recovered amount. The police is falsely dragging the applicant only on the ground that applicant was found sitting in the vehicle of co-accused Harendra Kumar Singh. It is next contended that the applicant has no previous criminal antecedents and that applicant has already been suspended. He lastly contended that the applicant is in jail since 24.09.2019 and that two other co-accused namely, Babulal Chaudhary and Chandradev Pandey, who were also arrested along with the applicant and other two co-accused from the same vehicle, have

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already been granted bail by this Court.

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Per contra, learned A.G.A has vehemently opposed the prayer for bail and submitted that the applicant himself has obtained his appointment on the basis of fake and forged educational certificate and that he had formed a gang with other co-accused to save his appointment as well as of other teachers who were appointed on the basis of fake and forged educational certificate. He has further contended that one Surbhi Upadhyay in her statement stated that she had given money to the applicant to save her appointment. However, learned A.G.A could not dispute the fact that applicant has no previous criminal antecedents.

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Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, I am of the view that the applicant is entitled to be enlarged on bail.

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Let the accused applicant- Sachchitanand Pandey @ Sachchidanand Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions that: -

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The applicant shall not tamper with the prosecution evidence;

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The applicant shall not pressurize the prosecution witnesses;

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Unless exempted by the trial court, the applicant shall appear on the every date fixed by the trial court.

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In case of default of any of the conditions enumerated above, the court below shall be at liberty to cancel the bail of the applicant.

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Order Date :- 27.2.2020 Vikas

Sachchitanand Pandey @ Sachchidanand Pandey v. State of U.P.

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Sachchitanand Pandey @ Sachchidanand Pandey v. State of U.P.

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