Allowed

Ram Narayan Yadav v. State of U.P.

Allahabad HC13 Jul 2022BAIL/12115/2022

Case brief

AI extract

What is this about?

This bail application for a farmer accused of forging documents to obtain an appointment and misappropriating government funds was allowed. The High Court quashed the impugned order, criticizing the investigation for being casual and directing the police to conduct a thorough inquiry.

What did the court decide?

Release of the applicant on bail with personal bond and two local sureties, subject to specific conditions regarding trial attendance and conduct.

Ram Narayan Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12115 of 2022

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Applicant :- Ram Narayan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.64 of 2020, under Section 419, 420, 467, 468, 471, 409 IPC, P.S. Kalinjar, District Banda.

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Learned counsel for the applicant submits that as per FIR, Hamid Hasan obtained appointment in the basic education department since 10.12.1999 on the basis of forged document and in the same name and pan card number two entries were made in two districts, i.e. in District Balia & Banda. He further submits that applicant is a farmer and is residing in District Sant Kabir Nagar and he was never appointed as teacher in any school. He also submits that on the basis of photograph affixed in the account no.11470100001510 in U.P. Gramin Bank sponsored by Allahabad Bank Naraini, Banda, he has been implicated in this case. He next submits that applicant neither opened nor operated the account. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 08.11.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that the photograph of applicant was appended in the passbook of the opened account, which is in the name of Hamid Hasan. He further submits that on the basis of forged document he obtained appointment as an assistant teacher vide order dated 203/1999-2000 dated 10.12.1999 and worked till 13.03.2020, salary was also withdrawn. He also submits that salary has been transferred from treasury through NEFT in his account and cash withdrawal has been made, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, evidence collected by the I.O. and complicity of the applicant, who has denied opening of the account and operating it and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Ram Narayan Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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From the investigation it is not clear whether money was withdrawn in cash through cheque or through withdrawal form. It appears that in a very casual manner investigation has been conducted by the investigating officer. He did not make any effort with regard to ascertaining who was the person imparting education in Primary School, Naraini, Banda in the name of

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Hamid Hasan nor he made any effort with regard to the person who opened account and on whose proposal the account was opened and who has withdrawn the cash from the account while a huge money of government exchequer has been syphoned fraudulently.

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It is a very serious matter and requires thorough investigation, therefore, a copy of this order be sent to the concerned Senior Superintendent of Police for taking necessary steps.

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The bail application is, accordingly, disposed of.

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Order Date :- 13.7.2022 MAA/-

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Digitally signed by MOHAMMAD AZAD ANSARI Date: 2022.07.14 14:35:44 IST Reason: Location: High Court of Judicature at Allahabad

Ram Narayan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Narayan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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