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Judgment
Alok Kumar Verma, J
This Application has been filed for anticipatory bail in Case Crime No.243 of 2022 (Criminal Case No.1556 of 2024), registered at Police Station Pantnagar, District Udham Singh Nagar. Charge-sheet has been filed under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.
According to the First Information Report dated 20.12.2022, the applicant obtained the job of fireman based on a fake Scheduled Tribe certificate.
Heard Mr. S.R.S. Gill, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned Deputy Advocate General for the respondent.
Mr. S.R.S. Gill, Advocate contended that the said allegation is totally false. Applicant belongs to Buksa community and the said community falls under the Tribal category. He is in the job since 1996. He is a permanent resident of District Gorakhpur, Uttar Pradesh. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.
Mrs. Manisha Rana Singh, Deputy Advocate General has opposed the anticipatory bail application orally.
Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.
Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Nagendra Pratap, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -
(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iii) Applicant shall not leave the country without the previous permission of the trial court.
It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.