Ranjeet Gaur Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7214 of 2022

Applicant :- Ranjeet Gaur Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mohd. Faiz Alam Khan,J.

¶5

Heard Sri A.Z.Khan, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶6

This bail application has been moved on behalf of the accusedapplicant/ Ranjeet Gaur for grant of bail, in Case Crime No. 198 of 2021, under Sections 420, 467, 468 and 471 I.P.C., Police Station Bithoor, District Kanpur Nagar, during pendency of trial.

¶7

Learned counsel for accused-applicant submits that the allegations against the applicant are to the tune that he procured the post of Shiksha Mitra on forged and fake educational certificates. It is vehemently submitted that applicant had joined on the post of Shiksha Mitra on 08.12.2006 and has performed his job to the satisfaction of his superior. However, some dispute has arisen pertaining to the educational qualification of the applicant and a notice in this regard was given to him by the ABSA, Kalyanpur on 09.09.2020 and a reply/ objection was filed by the applicant on 14.09.2022 and when the same was not disposed of by the ABSA concerned the applicant approached this Court by filing Writ A No. 14690 of 2021, wherein vide order dated 10.11.2021 a direction was given to the ABSA to dispose of the representation/ objection of the applicant within a reasonable time. However, without disposing of the representation of the applicant, instant FIR has been registered. It is further submitted that the applicant has not procured the service by presenting forged documents and without deciding the representation/ objection of the applicant the FIR has been lodged and the recovery, if any, is required the same could be affected after adopting due process of law. It is vehemently submitted that applicant is ready to bear the consequences. Moreover, the services of the applicant has been terminated. The applicant is in jail in this case since 23.12.2021 without having any criminal history.

¶8

Learned A.G.A. on the other hand submits that the applicant has procured the service by presenting forged and fake educational certificate and, therefore, he is not entitled to be released on bail.

¶9

Having heard learned counsel for the parties and having perused the record, it is evident that the applicant had joined the service in the year 2006 and a dispute had arisen pertaining to the educational qualification and certificates of the applicant. The notice was incidently issued by the ABSA, Kalyanpur and the representation/ objection with regard to this was preferred by the applicant. However, the same was not decided and the applicant had approached this Court and vide order dated 10.11.2021, this Court had directed the ABSA to decide the representation of the applicant. However, without deciding the representation/ objection of the applicant, the instant FIR has been lodged. The applicant has also been terminated from the post and he is also not having any criminal history.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

¶11

Let the accused-applicant/ Ranjeet Gaur involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶12

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

¶13

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

Order Date :- 24.3.2022 Abhishek Singh

¶17

Digitally signed by ABHISHEK SINGH Date: 2022.03.29 13:21:42 IST Reason: Location: High Court of Judicature at Allahabad

Ranjeet Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ranjeet Gaur v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Meenu Sain Vs State of U.P.

Irfan Vs State of U.P.

Avinash Bajpai Alias Akash Bajpai Vs State of U.P.

Sameer Mirja @ Munna @ Ganja @ Ram Bhai Vs State of U.P.

Hanuman Sevak Pandey Vs State of U.P. and Another

Dhananjay Singh Vs State of U.P.