The Allahabad High Court has granted conditional bail to the mastermind of the scam involving appointment of fraud teachers.
A Single-Judge Bench of Justice Siddharth passed this order on criminal miscellaneous bail application filed by Pushpendra alias Neetu alias Raj alias Sushil alias Guru Ji.
As per the FIR, an accused called Anamika Shukla obtained a fraudulent appointment to the post of Assistant Teacher. The statement of the brother of the victim was recorded, wherein he has named the applicant as the person who took his sister to the employees of Education department for getting her appointed as Anamika Shukla and thereafter, a fabricated appointment letter was given to her.
The applicant allegedly demanded Rs 50,000 for the purpose of securing the aforesaid job in favour of Supriya.
The Counsel for the applicant submitted that the main culprit were employees of the Education department. The applicant has been falsely implicated in the case. He is neither the employee of Education department, nor had any role in the appointment of Supriya as Anamika Shukla.
The applicant has been in jail since June 16, 2020 and has a criminal history of one case explained in affidavit in support of the bail application.
On the other hand, the Additional Government Advocate has opposed the prayer for bail.
“Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the counsel for the parties, larger mandate of Article 21 of the Constitution and the dictum of Apex Court in the case of Dataram Singh vs State of UP and another reported in (2018) 3 SCC 22 and recent judgment dated July 11, 2022 of the Apex Court in the case of Satendra Kumar Antil vs CBI, passed in SLP (Crl) No 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of view that the applicant has made out a case for bail”, the Court observed, while allowing the bail application.
The Court ordered that,
Let the applicant, Pushpendra @ Neetu @ Raj @ Sushil @ Guru Ji, involved in Case under Sections- 420, 467, 468, 471 IPC, Police Station- Soro, DistrictKasganj, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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.
(v) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.