Sunita Devi vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

FIR No. 87/2020 dated 27.6.2020 has been registered against the petitioner under Sections 420, 467, 468 and 471 of Indian Penal Code at Police Station, Nadaun, District Hamirpur, H.P. Through instant petition, prayer has been made for enlargement on anticipatory bail. Petitioner is enjoying interim protection granted to her vide order dated 1.9.2020.

Heard learned Counsel for the parties and perused the status report.

3(i) Prosecution case against the petitioner in nut shell is that on 27.6.2020 a complaint was lodged at police station by Principal-cum-DPO, District Institute of Education and Training (DIET), Hamirpur to the effect that petitioner was posted in DIET, Hamirpur as MIS-in-charge. Certain complaints were received against her educational certificates. Inquiry was conducted into the matter. On the basis of findings of inquiry report and the instructions imparted by the higher authorities, the complaint was lodged in the police station with the request to register a case against the petitioner. After exploring these documents, FIR in question was registered.

3(ii) The precise allegation against the petitioner is that her B.A. degree obtained from Magadh University, Bodh Gaya (Bihar) is fraudulent and fake.

3(iii) Investigation was carried out, wherein petitioner also participated. She disclosed about obtaining B.A. degree from Shahid Bhagat Singh College, Sector 34, Chandigarh. Statements of witnesses were recorded under Section 161 Cr.P.C. The correspondence exchanged by the respondent through e-mail with Magadh University, Bodh Gaya revealed that B.A. degree of the petitioner was not issued by the said University. The roll number reflected on the said degree was never issued by the concerned university.

Learned Counsel for the petitioner argued that petitioner has been co-operating in the investigations. She is a government employee and will comply all the conditions, which may imposed upon her in case of grant of bail.

Learned Assistant Advocate General submitted that in case the Court is considering confirmation of the interim protection already granted to the petitioner, then the same may be done only after imposing stringent conditions upon her.

According to the status report, investigating agency has already taken possession of the original educational certificates of the petitioner including her B.A. degree. Nothing remains to be recovered from the petitioner. As per the status report, the petitioner has been co-operating with the investigating agency and has joined the investigations as and when she had been directed. Pre-trial incarceration of the petitioner may not achieve any notable object considering the facts of the case, nature of offence alleged, manner in which it was allegedly committed and the investigation so carried out. No previous criminal antecedents of the petitioner have been indicated in the status report. Petitioner is a government servant and has undertaken to abide by all the conditions to be imposed upon her. Therefore, the interim protection granted vide order dated 1.9.2020 is made absolute subject to the following conditions:

(i) The petitioner shall continue to join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency. However, whenever the investigation takes place within the boundaries of the Police Station or Police Post, then the petitioner shall not be called before 9:00 a.m. and shall be let off before 5:00 p.m.

(ii) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) The petitioner shall not contact the complainant, threaten or browbeat him/her or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about their place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish furnish details of their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

With the aforesaid observations, the present petition is disposed of, so also the pending miscellaneous applications, if any.

Copy of this judgment duly authenticated by the Secretary be supplied to learned counsel for the parties, if so requested.