Raju @ Devendra Singh vs State of U.P.

V. K. Chaturvedi, J.—Heard Mr. A.B.L. Gaur, learned counsel for the applicant as well as learned A.G. A.

This is second bail application.

In support of this second bail application, one Ganga Ram, who is an Inspector in C.R.P.F., has filed his affidavit. In paragraph 9 of the said affidavit, it has been averred that as per the case diary (Annexure7), the applicant was arrested on 1341999 by the police in the present case crime number. But in fact the applicant was arrested on 1141999 from his house and a telegram to this effect was also sent to the Superintendent of Police, Rampur on 114999 at 3.15 p.m. (Annexure4). It is further averred therein that the applicant appeared in the High School Examination on 12499 in police custody which is clear from Annexure5 which is a certificate issued by the Centre Superintendent, Netaji Subhash Inter College, Rathaunda, Tehsil Milak, district Rampur dated 16499.

On the basis of this certificate, learned counsel for the applicant has argued that in fact the applicant was taken into custody by the police on 11499 and thereafter his arrest has been falsely shown in the case diary on 13499. He has also argued that from the perusal of the certificate issued by the Centre Superintendent (Annexure5), it is clear that the applicant was in fact taken into custody of police on 12499.

Considering this aspect of the matter, let applicant Raju alias Devendra Singh involved in case crime No. 148/99, under Section 394,302,411IPC, P.S. Civil Lines, District Rampur, be released on bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of C.J.M. concerned.

Investigating Officer of this case is directed to make an enquiry about genuineness of the certificate issued by the Centre Superintendent contained in Annexure5 dated 16499, and in case he comes to the conclusion during said enquiry that it is a forged one, in that event, he shall take appropriate action permissible under law against Mr. Ganga Ram who has filed affidavit in support of this bail application as well as against the Centre Superintendent, Netaji Subhash Inter College, Rathaunda, Tehsil Milak, district Rampur whose name is not mentioned in the certificate though his signature is there on the certificate. It is further provided that in case the certificate issued by the Centre Superintendent dated 16499 (Annexure5) is found to be forged one, the bail granted to the applicant shall automatically stand cancelled.

Office is directed to issue certified copy of this order alongwith Annexure4 (page 20). Annexure5 (page 22) and Annexure7 (page28) and the same shall be filed before the C.J.M. concerned, who shall send the order to the Investigating Officer for enquiry. Compliance report should be sent to this Court within two months.

Let a copy of this order be also made available to learned A.G. A.