Allowed

Renu Bala v. State of U.P.

Allahabad HC21 Mar 2023BAIL/12645/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Renu Bala accused of forging documents to secure an appointment as a teacher. The judge granted bail considering the applicant is a woman, likely innocent, and lacks family support, noting no need for custodial interrogation.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions not to tamper with evidence or pressurize witnesses.

Renu Bala Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

¶1

Court No. - 81

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12645 of 2023

¶3

Applicant :- Renu Bala Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar,Vishal Jaiswal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vinod Diwakar,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. on behalf of State and perused the record.

¶6

The instant bail application has been filed on behalf of the applicant, with a prayer to release her on regular bail in Case Crime No. 41 of 2021, under Sections 419, 420, 467, 468 and 471 registered at P.S. Khukhundu, District Deoria.

¶7

As per prosecution case, on the complaint of Khand Shiksha Adhikari, a Case Crime No. 41 of 2021, under Sections 419, 420, 467, 468 and 471 was registered at P.S. Khukhundu, District Deoria on 01.04.2021. As per allegation in the FIR certain teachers got appointed in Education Department on the basis of forged document.

¶8

Pursuant to the registration of the FIR, a SIT was constituted by the state government to find out the names of the teachers who have been appointed on the basis of forged documents. During the course of inquiry it is found out that the accused-applicant has acquired job by impersonating herself as Renu Bala.

¶9

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that applicant is working as an Assistant Teacher since 24.05.2005 and received the appointment letter after verification of all the document by the department.

¶10

The counsel for the applicant further submits that she has been illegally arrested by police on 18.12.2022, on false allegations. He further contends that the applicant has diligently performed her duties in the last 15 years. Learned counsel further submits that the applicant is a lady aged about 51 years, having three children and there is no one in the family to take care of them. He further submits that the applicant is not required for custodial interrogation by the police. There is no previous criminal history of accused-applicant and she is languishing in

¶11

jail for more than three months. In case, the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

¶12

Per contra, learned A.G.A. submits that the SIT has been formed to inquire about the allegation of forged appointment in the Department of Education and applicant had submitted forged document to get appointment of Assistant Teacher. Even though the investigation is complete qua applicant and the charge sheet has been filed against her still, the applicant is not entitled to be released on bail at this stage.

¶13

Having heard the learned counsel for the parties and after perusal of record, it transpires that the charge sheet has already been filed on 15.02.2023 against the accused-applicant and hence, therefore, ordinarily, the applicant-accused is not required for custodial interrogation. The accused-applicant is a women and is also entitled for the benefit provided under Section 437 (1) Cr.P.C.; the applicant has three children and there is no one in the family to take care of them; the applicant is not involved any other case. Keeping in view the totality of circumstances, the accused-applicant is entitled for bail. Therefore, the bail application is allowed .

¶14

Let the applicant, Renu Bala be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶15

The applicant shall not tamper with the evidence and shall cooperate with the police as and when so required.

¶16

The applicant shall not pressurize the witnesses, during the trial.

¶17

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

¶18

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

¶19

Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

¶20

Order Date :- 21.3.2023 Ujjawal

¶21

Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Renu Bala v. State of U.P.

Case brief

What is this about?

What did the court decide?

Renu Bala 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

Yodesh Mathuria Vs State of U.P.

Nabi Ahmad Vs State of U.P.

Smt Babita and 6 Others Vs State of U.P.

Arsad Ali Vs State of U.P.

Rampratap and Another Vs State of U.P.

Parvez Vs State of U.P.