Allowed

Smt. Nirmala Devi v. State of U.P. and 2 Others

Allahabad HC6 Aug 2021ABAIL/10142/2021

Case brief

AI extract

What is this about?

An anticipatory bail application was filed by Smt. Nirmala Devi in a non-bailable offense case involving forgery. The court granted bail, considering the prima facie case made out due to a stay order from the Supreme Court on her termination, and the conditions bonds imposed.

What did the court decide?

Grant of anticipatory bail until filing of charge sheet on furnishing personal bond with two sureties and complying with specified conditions.

Smt. Nirmala Devi Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10142 of 2021

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Applicant :- Smt. Nirmala Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yadvendra Krishan,Surya Bhan Singh,Sr. Advocate (Sri Shiv Nath Singh) Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This is an application for the anticipatory bail given by the applicant Smt. Nirmala Devi in Case Crime No.234 of 2020, under Sections 420, 467, 468, 471 I.P.C., P.S. Kotwali Tirva, District Kannauj.

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The submission of the learned counsel for the applicant is that F.I.R. was lodged with the allegation of forged and fake mark-sheet, on that basis obtaining the job of Assistant Teacher.

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Submission of the learned counsel for the applicant is that on that basis the applicant was terminated from the service and against the termination order writ was filed by her, in which the termination order was stayed. Thereafter, a writ was dismissed against which the applicant and others went before the Hon'ble Supreme Court and filed Special Leave to Appeal, in which the Hon'ble Supreme Court stayed the operation of the impugned order and the order by which the applicant was terminated and the respondent were directed to give current salary to the petitioner, therefore it has been submitted that in view of the order of the Hon'ble Supreme Court prima facie case for anticipatory bail is made out as the police is inclined to make arrest of the applicant. It is further submitted that applicant has no criminal history and applicant is prepared to furnish surety and bond, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.

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Learned A.G.A. has vehemently opposed the prayer of bail and has not disputed the fact that several applicant on the same ground has been granted anticipatory bail.

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In view of the above, considering the entire facts and circumstance of the case and also taking into consideration the order of the Hon'ble Supreme Court, if the applicant is arrested the order of the Hon'ble Supreme Court will be frustrated, as such a prima facie case for anticipatory bail is made out, therefore, I find it to be a fit case in which anticipatory bail may be granted to the applicant. Hence the anticipatory bail application is allowed till the filing of charge sheet.

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In the event of arrest of the applicant Smt. Nirmala Devi involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court 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 her 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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In case of filing of charge-sheet she shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.

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With the aforesaid observations, the anticipatory bail application is finally disposed of.

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Order Date :- 6.8.2021 Mini

Smt. Nirmala Devi v. State of U.P. and 2 Others

Case brief

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Smt. Nirmala Devi v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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