Seetaram Sharma vs State Of MP

Rohit Arya, J

This is first bail application under Section 438 Cr.P.C. The applicant apprehends arrest in connection with Crime No.334/2013 registered at P.S. Dehat, District Bhind (M.P.) for the offence punishable under Sections 420, 467, 468, 471 IPC.

As per prosecution story, applicant is alleged to have appeared in Patwari Selection Test, 2008 and has submitted forged computer diploma certificate. Accordingly, after due enquiry, the FIR was registered as Crime No.334/2013 at P.S. Dehat, District Bhind (M.P.).

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. He has no criminal antecedents. He has no knowledge of the criminal case registered against him. In fact, the serious allegations against him are like bolt from the sky. Neither he has already been summoned nor issued notice to make statement during investigation. Applicant has never submitted forged computer diploma certificate. Now, at a distance of time of more than 13 years, the concerned police is hellbent upon to arrest the applicant. Learned counsel also submits that in the similar circumstances the co-ordinate Bench has granted anticipatory bail to accused persons, namely, Lokendra Singh in Mcrc.415/2014, Jitendra Singh in Mcrc.1867/2014, Sonal Kumari in Mcrc.2113.2014, Ramveer Viroliya in Mcrc.3421/2014, Kuldeep Sharma in Mcrc.4604/2014. The applicant shall abide by such terms and conditions which this Court deems fit and proper in the event he is enlarged on anticipatory bail.

Per contra, Shri Lokendra Shrivastava, learned Public Prosecutor for respondent/State, opposes the application supporting the order impugned with submission that complicity of the applicant is well evident from the fact that applicant applied for post of Patwari. During investigation, it has been found that he had submitted forged diploma certificate, therefore, the instant case has been registered. Applicant has been absconding and therefore was not arrested so far. However, from the case diary, learned counsel is at loss to state that since the time 2013 uptill now any such measures were adopted as provided for under Cr.P.C. like issuance of notice, summon or notice under Section 80, 81 Cr.P.C. etc.

Upon hearing learned counsel for the parties, but without commenting upon rival contentions touching merits of the case, regard being had to the fact that the alleged incident is of 2008 for which FIR is registered in 2013 and now in 2021 applicant is sought to be arrested. Therefore, in the aforesaid factual background and as similarly situated persons have been enlarged on anticipatory bail by this Court, the applicant has made out a case for grant of anticipatory bail.

Accordingly, the instant application is allowed and it is directed that in the event of arrest, applicant be released on bail on his furnishing personal bond in the sum of Rs.2,00,000/- (Rs.Two Lacs only) with one solvent surety of the same amount to the satisfaction of the Arresting Authority (Investigation Officer) with following further conditions :-

(i) the applicant will abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) applicant shall mark his attendance before the concerned police station on 2nd & 4th Saturday of every month between 10:00 AM to 12:00 Noon.

(iii) applicant shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.;

(iv) in case of violation of any of the above conditions, State is free to apply for cancellation of bail.

Any observation made in this order is limited to the disposal of this application and shall have no bearing on the pending trial in any manner whatsoever.

Learned Public Prosecutor is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information an necessary action.

Certified copy as per rules.