Allowed

Shyam Bihari v. State of U.P.

Allahabad HC10 Aug 2021ABAIL/12690/2021

Case brief

AI extract

What is this about?

Single-judge High Court allowed an anticipatory bail application under Section 438 Cr.P.C. for the applicant facing charges of forgery, holding that the Supreme Court's stay on his termination order made it a fit case to prevent frustration of that order. Bail granted with conditions until charge-sheet filing.

What did the court decide?

Anticipatory bail granted till filing of charge-sheet subject to a personal bond of Rs. 25,000 and two sureties, with specific conditions regarding interrogation, tampering, and travel.

Shyam Bihari Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 74 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12690 of 2021 Applicant :- Shyam Bihari Opposite Party :- State of U.P. Counsel for Applicant :- Arti Raje Counsel for Opposite Party :- G.A.

¶2

Hon'ble Pradeep Kumar Srivastava,J.

¶3

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

¶4

This is an application for the anticipatory bail given by the applicant Shyam Bihari in Case Crime No. 0165 of 2021, under Sections 420 I.P.C., P.S.- Gunnaur, District- Sambhal.

¶5

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

¶6

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 applicant, 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 sureties and bonds, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence, therefore, applicant is entitled for grant of anticipatory bail.

¶7

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

¶8

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

¶9

be granted to the applicant. Hence the anticipatory bail application is allowed till the filing of the charge-sheet.

¶10

In the event of arrest of the applicant Shyam Bihari, 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:-

¶11

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

¶12

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;

¶13

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

¶14

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.

¶15

In case of filing of charge-sheet the applicant 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.

¶16

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.

¶17

The applicants are 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.

¶18

Accordingly the anticipatory bail application is finally disposed off.

¶19

Order Date :- 10.8.2021 Bhanu

Shyam Bihari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shyam Bihari v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Waseem and 6 Others Vs State of U.P. and Another

Ranveer Singh Yadav @ Rangvir Kumar Vs State of Up and Another

Nandan @ Nandram Vs State of Up and Another

Ram Ajor Yadav Vs State of U.P.

Muzaffar Khan and 2 Others Vs State of U.P.

Rajesh Yadav Vs State of U.P. and 2 Others