Rakesh Babu Shrivastava vs State Of MP

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 25.08.2021 in connection with Crime No.98/2018 registered at Police Station Civil Line Distt. Vidisha for offence under Sections 420, 467, 468, 471 of IPC.

It is submitted by the counsel for the applicant that in the year 1989 an advertisement was issued for recruitment on the post of Medical Officer and as per the said advertisement, upper age limit was 32 years, whereas it is alleged that at that time, the applicant was aged about 33 years, 1 month and 19 days. However, it is alleged that the applicant by manipulating his mark-sheet changed his date of birth from 12.11.1956 to 12.11.1958 to bring him within the category of eligible aspirants to participate in the recruitment process. It is submitted that the applicant was given appointment in the year 1991 and he was serving the department. However, it appears that some anonymous complaint was made and accordingly a departmental enquiry was instituted. The applicant filed a Writ Petition No.2493/2017 challenging the order dated 05.11.2016, by which the departmental enquiry was initiated. The High Court by order dated 19.04.2017 issued notices and by interim measure, it was directed that the respondent may proceed with the departmental enquiry, in which the applicant shall participate, but no final order shall be passed by the respondent without the leave of this Court. It is submitted that the interim order is still in force and Writ Petition No.2493/2017 is still pending. It appears that the Enquiry Officer submitted his report against the applicant. However, in view of the interim order, final order in the departmental enquiry could not be passed by the disciplinary authorities and, accordingly, they adopted a short-cut method by lodging the FIR against the applicant. It is further submitted that advertisement was issued in the year 1989 and the applicant participated in the year 1990 and was granted appointment in the year 1991 and an anonymous complaint was made sometimes in the year 2015 or 2016, i.e., after 24 years of his service. In fact, the date of birth of the applicant was changed in the mark-sheet on the application made by his father. The applicant is aged about 63 years and he is in jail for the last more than one and half months and in view of the interim order passed by the High Court in Writ Petition No.2493/2017, the registration of FIR is bad and the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that in fact, correct date of birth of the applicant was 12.11.1956 and by manipulating the mark-sheet, he obtained job in the year 1991. However, counsel for the State was not in a position to make a statement as to whether any final order in the departmental enquiry has been passed or not.

In view of the interim order passed by the High Court in Writ Petition No.2493/2017, coupled with the fact that the offence alleged to have taken place in the year 1991 and complaint was made sometimes in the year 2015 and the applicant is aged about 63 years and is in jail for the last one and half months, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.