Court allowed bail to an applicant charged with cheating and forgery related to securing employment through forged documents. The bench considered the applicant's cooperation, lack of criminal history, and the roles of other co-accused in granting relief.
Released on bail by executing a personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7052 of 2021
Applicant :- Keshao Kant Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Ranjan Srivastava,Amit Misra Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for parties and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 0205 of 2020, under Sections 409, 419, 420, 467, 468, 471 I.P.C., P.S. Bhatni, District Deoria.
Learned counsel for applicant submits that the first information report was lodged on 2.11.2020 against the applicant by the STF Field Unit Gorakhpur on collecting information against the persons who have secured job by furnishing forged documents in the education department including the present applicant. He further submits that after one team has been constituted to collect the information of the forged teacher, thereafter, they got the information that applicant is posted as Principal at Composite School, Jagarnath Chhapar, Block Bhatpar Rani, District Deoria. It is further stated that as per the version of the FIR, the applicant has prepared forged document and joined services as Assistant Teacher. The applicant was caught by STF Team. It was further the case of the prosecution that the applicant obtained service by manipulating the educational document through one Mukesh Nath who met the applicant in the year 2008 and the said person had given assurance that after paying some amount, the applicant will get job and thereafter with the help of Mukesh Nath and one Ashwani Srivastava, forged documents were prepared and the applicant got service in place of Kamal Kant Mishra in the year 2010 as Assistant Teacher.
Learned counsel for applicant further submits that the allegation was levelled against the applicant, Mukesh Nath and Ashwani Srivastava in the first information report only the applicant was named and other two accused have not been named whereas their name has been mentioned in some other case bearing case crime no. 587 of 2019, under Sections 419, 420, 467, 468, 471, 120-B, Police Station Kotwali, District Deoria regarding similar incident.
Learned counsel for applicant further submits that the applicant is innocent and has been falsely implicated with the ulterior motives as per the allegation in the FIR that the service was obtained by the applicant by furnishing forged documents, therefore, the department has also removed him from his service and the departmental enquiry is going on. Learned counsel for applicant further submits that all the sections as mentioned in the FIR were triable by the Court of Magistrate and the charge sheet has already been submitted in this case.
Learned counsel for applicant further submits that the applicant is innocent and has been falsely implicated in the present case whereas Mukesh Nath and Ashwani Srivastava are the main person who have played the role of the said conspiracy for giving forged documents to the applicant and on their assurance, the applicant got job. Learned counsel for applicant further submits that co-accused whose role has been mentioned in the FIR has already been granted bail by this Court in another identical case vide order dated 26.9.2019 passed in Criminal Misc. Bail Application No. 39790 of 2019 (Muktinath Vs. State of U.P.) and vide order dated 18.10.2019 passed in Criminal Misc. Bail Application No. 42124 of 2019 (Ashwani Kumar Srivastava Vs. State of U.P.), therefore, the applicant is also entitled to get the same benefit, as the case of the applicant is not on the worst footing as at the case of Mukesh Nath and Ashwani Srivastava.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 16.12.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the bail application.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the
evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant- Keshao Kant Mishra involved in Case Crime No. 0205 of 2020, under Sections 409, 419, 420, 467, 468, 471 I.P.C., P.S. Bhatni, District Deoria be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) 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
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 8.6.2021 SA
3 issues framed by the court
Whether the applicant is entitled to be released on bail considering the role of co-accused in a similar conspiracy and lack of tampering risk.
Whether the heavy pendency of cases and duration of detention justify granting bail.
Whether the charge sheet submission alters the prima facie case against the applicant.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of UP and anotherExplained¶14
(2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Keshao Kant Mishra
State of U.P.
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
