Allowed

Rambeer Singh v. State of U.P.

Allahabad HC19 Jan 2023BAIL/53613/2022

Case brief

AI extract

What is this about?

High Court granted bail to an applicant accused of cheque forgery and corruption, releasing him on personal bond with two sureties subject to conditions regarding court appearances and no adjournment without cause.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to specific conditions regarding attendance and conduct in trial.

Rambeer Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 87

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53613 of 2022

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Applicant :- Rambeer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.678 of 2018 under sections 420, 467, 468, 471 and 120B I.P.C. and Section 13(1)(A) read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station Kotwali, District Mathura.

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As per FIR lodged by the District Basic Education Officer, several candidates had applied for appointment to the post of Assistant Teacher in Primary Schools. Most of the candidates have produced forged and fictitious documents before the District Selection Committee at the time of appointment. Subsequently verification was made and it was found that some candidates had produced forged document, therefore, a meeting of the District Selection Committee was held on 22.5.2018, in which the decision was taken to lodge first information report in this case.

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Learned counsel for the accused-applicant has argued that the name of the present accused does not appear in the first information report and during the course of investigation, his name has emerged as one of the co-accused and his role has been mentioned in enquiry dated 19.6.2016 which was submitted by a committee comprising of three officers and it is mentioned therein that on 20.4.2018 officers were deputed for

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the work, which comprised the present accused-applicant along with other co-accused. The accused-applicant has prepared the select list and presented the same before Basic Shiksha Adhikari and after approval of the same by the District Selection Committee, the candidates were issued appointment letters. It is further argued that the report only mentions that there seems to be involvement of the present accused-applicant in issuance of the forged appointment letters.

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Learned counsel for the accused-applicant has further submitted that there is only suspicion against the accusedapplicant that he was involved in issuance of the forged appointment letters to the appointees. He has further submitted that accuse-applicant has been enlarged on anticipatory bail by this Court vide order dated 3.2.2021. Thereafter, the accused, who were beneficiary of the act of the accused-applicant, have also been enlarged on bail by this Court. Apart from it, accusedapplicant has been in jail since 27.9.2022.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.

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Let applicant Rambeer Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he 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

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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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Order Date :- 19.1.2023 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad

Rambeer Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rambeer Singh v. State of U.P.

Case brief

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What did the court decide?

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