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Judgment
Heard learned counsel for applicant as well as learned A.G.A and perused the entire record.
By means of the present application the applicant has prayed that he may be enlarged on anticipatory bail in FIR No. 0202/2018 dated 01.11.2018, Under Sections 7, 13(1)(d) read with 13(2) P.C. Act, 1988 and 506 I.P.C. registered at Police Station - Swaroop Nagar, District - Kanpur Nagar.
On 21.01.2021, while entertaining the bail application, this Court passed the following order:-
"1. Heard learned counsel for applicant as well as learned A.G.A.
By means of the present application the applicant has prayed applicant may be enlarged on anticipatory bail in the event of his arrest in FIR No. 0202/2018 dated 01.11.2018, Under Sections 7, 13(1)(d) read with 13(2) P.C. Act, 1988 and 506 I.P.C. registered at Police Station - Swaroop Nagar, District - Kanpur Nagar.
It has been submitted by learned counsel for applicant that by means of the aforesaid F.I.R., it has been stated that complainant who is the student of GSVM Medical College, Kanpur and he has alleged in the first information report that in the first year of his education, the accused had demanded an amount of Rs. 10,000/- as bribe for passing the sections.
It has further been stated that applicant has threatened that in case they do not pay the amount of Rs. 10,000/- per student, they shall not succeed in the examinations. It has further been submitted in the said F.I.R. that they tried to meet the principal who refused to meet and subsequently complaints were sent to higher officers.
Learned counsel for applicant further submits that in this regard, the State Government had conduced an inquiry to the allegations made by the complainant and an Inquiry Committee was constituted headed by Commissioner, Kanpur Mandal, Kanpur.
The said Inquiry Committee after due procedure submitted a report on 08.05.2019 and in the said inquiry three charges were framed. All the three charges were similar to the allegations made in the first information report regarding demand of Rs. 10,000/-.
After due inquiry, the Inquiry Committee has found that none of the charges are sustainable and therefore a finding was given in favour of the accused with regard to all the three charges. The State Government considered the said inquiry report and accepted the findings therein and consequently by means of order dated 05.08.2020 allowed the applicant to join duties at his transferred place at S.N. Medical College, Agra.
It is vehemently submitted by learned counsel for applicant that prima facie the allegation have already been duly inquired into and they have found to be false. He further submits that evidences were duly examined and were not found to be trustworthy. It is submitted that all these facts shall be looked at the stage of trial, so prima facie he has a case for grant for anticipatory bail.
Learned A.G.A. on the other hand opposes the application for anticipatory bail but could not disputed the aforesaid proposition.
Considering the aforesaid material and specially in the light of the fact that the inquiry report has been submitted considering all the aspects of the matter and and a finding has been made in favour of the accused, without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. till the next date of listing.
Issue notice to opposite party No.2 returnable at an early date.
Steps in this regard be taken within three days.
Till the next date of listing, accused-applicant, namely,Dr. R.N. Thakur, in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the Arresting officer/Investigating Officer/ S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;
(ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and
(iii) That the accused-applicant shall not leave India without the previous permission of the Court.
The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C.
Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail.
Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit.
List this case on 01.03.2021."
After hearing the learned counsel for the accused-applicant and, going through the entire record, I find substance in the argument advanced on behalf of the accused-applicant.
Thus, the aforesaid interim order is hereby confirmed. However, the accused-applicant shall surrender before the trial Court, if charge-sheet is filed and, he is summoned to face trial in offence in question. The accused-applicant shall be released on bail by the trial Court, if he surrenders on issuing summons, on furnishing a personal bond and, two sureties each in the like amount to the satisfaction of the trial Court concerned with the following conditions:-
(i) the applicant(s) 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and
(iv) the applicant(s) 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 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
This application, thus, stands disposed of.