Suresh Kumar vs State Of Himachal Pradesh

Bipin Chander Negi, J

The instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in the event of arrest of the petitioner in FIR No. 0091 of 2022 dated 15.11.2022 registered under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, 1860, at Police Station Shillai, District Sirmaur, HP.

Heard counsel for the parties and perused the status report.

Presently, the petitioner who is aged about 36 years is working as a Junior Engineer, MNREGA at Rajgarh in the office of the BDO. Against the aforesaid post, the petitioner had been appointed in the year 2014.

The specific allegation in the case at hand against the petitioner is with respect to the 10+2 (science) certificate. The said certificate is alleged to be forged. The same pertains to the year 2010. The same has been issued by the Board of Higher Secondary Education, Delhi. For obtaining the aforesaid 10+2 (science) certificate, the petitioner had appeared at U.P Public Inter College, Nazibabad, Bijnour, one of the designated centers of the Board of Higher Secondary Education, Delhi.

Post obtaining the aforesaid 10+2 (science) degree, the present petitioner had enrolled in the diploma course in Civil Engineering at CT Diploma College, Shahapur, Jalandhar, Punjab. The said diploma was obtained by the petitioner in the year 2012.

The bail petitioner in his bail petition has categorically averred that the accusation alleged in the FIR in question do not stem from the motive of furthering the ends of justice but from an ulterior motive to injure and humiliate the bail petitioner. According to the bail petitioner the complaint is politically motivated and was got lodged after the wife of the petitioner had been elected as Up-Pradhan in the Gram Panchayat on 19. 01.2021.

In the aforesaid backdrop, learned counsel appearing on behalf of the bail petitioner has drawn the attention of this Court to Annexure - P2 appended alongwith the bail petition i.e. letter dated 23.03.2022 written by one Ashwani Kumar, Inspector Station House Officer, SV & ACB, Sirmour at Nahan (HP). The said letter was addressed to the Controller of Examination, Board of Higher Secondary Education, Delhi – 110092. By virtue of the said letter, a verification of the certificates of the bail petitioner issued by the Board of Higher Secondary Education, Delhi was sought. In reply thereto the Board of Higher Secondary Education, Delhi vide their letter dated 19.04.2022 had verified the 10+2 certificate in the stream of science issued to the bail petitioner as being correct.

From the aforesaid mentioned facts and attending circumstances, the FIR in question seems to be motivated with the intent of injuring and humiliating the bail petitioner, especially in view of the fact that the Board of Higher School Education, Delhi has verified the 10+2 certificate of the petitioner and post-verification has stated that the same has been issued by the said Board.

In the case at hand, evidence, if any, collected against the petitioner is documentary, there is no possibility of the petitioner tampering with the same. No recovery is to be affected from the petitioner.

Personal liberty is a precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail.

Petitioner is a permanent resident of VPO Hallan, Tehsil Shillai, District Sirmaur, HP. The respondent-state has not expressed any apprehension regarding him fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial.

Keeping in view the aforesaid facts and attending circumstances of the case, application is allowed and petitioner is ordered to be released on bail in case FIR No. 0091 of 2022 dated 15.11.2022 registered under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, 1860, at Police Station Shillai, District Sirmaur, HP, subject to his furnishing personal bond in the sum of Rs. 50,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions: -

(i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and 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;

(v). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; &

(vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard.

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. Learned trial Court shall decide the matter without being influenced by above observations.

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

A downloaded copy of this order shall be accepted by the learned trial Court, while accepting the bail bonds from the petitioner and in case, said court intends to ascertain the veracity of the downloaded copy of order presented to it, same may be ascertained from the official website of this Court.