The Allahabad High Court has granted conditional bail to Anand Shekhar, Director of Vidya Bharti Institute of Management and Technology, Noida, Gautam Buddha Nagar.
A Single Bench of Justice Gajendra Kumar passed this order while hearing a Criminal Misc Bail Application filed by Anand Shekhar.
The bail application has been filed by the applicant seeking bail in Case under Sections 420, 467, 468, 471, 34 of IPC, Police Station- Sector 63 Noida, District- Gautam Budh Nagar.
As per the prosecution story, First Information Report has been lodged by complainant Neeraj Sharma against the applicant and co-accused Chirag Sharma alleging therein that they run an unauthorized institution of preparing forged mark sheets of different courses at a low rate.
Counsel for the applicant contends that applicants have been falsely implicated in the case due to ulterior motives. It is submitted that the prosecution story is false and fabricated and nothing incriminating has been recovered from the possession of the applicant.
It is further submitted that the applicant is the director of the Vidya Bharti Institute of Management and Technology and the main objective of the said institution is to groom individuals to strive in the ever changing global business dynamics.
It is also submitted that the applicant has a registration certificate of Establishment issued by the Department of Labour and he files income tax every year. It is further submitted that the co-accused Chirag Sharma has already been granted bail by Court below.
Counsel for the applicant said that apart from the case, the applicant has no criminal history to his credit.
Counsel for the applicant further said that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail.
Counsel for the applicant also said that the applicant is languishing in jail since 18.09.2022 and the possibility of conclusion of trial in near future is very bleak.
A.G.A has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the counsel for the applicant.
“Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail”, the Court observed.
Let applicant- Anand Shekhar be released on bail in the aforesaid case on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(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 abuse of liberty of bail and pass orders in accordance with law.
(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.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 CrPC 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.
(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 CrPC.
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.
Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.