State of U.P. vs Kripa Ram and Rafeeq

Virendra Saran, J.—By order, dated 1111994 of the Hon''ble Senior Judge, this file has been sent to me which contains two photo copies of bail orders purporting to have been passed by me in Criminal Misc. Case No. 2189 (B) of 1994 and Crl. Misc. Case No. 1204 (B) of 1994. The photo copy of the order in Criminal Misc. Case No. 2186 (B) of 1994Kripa Ram v. State of U. P. shows that bail has been granted in Crime No. 76 of 1992 under Sections 147/148/302 and Section 149, I.P.C. of police station Kothi, district Barabanki on 2481994 while the other J photo copy which relates to Criminal Misc. Case No. 1204 (B) of 1994Rafeeq v. State of U. P. shows that bail has been granted to Rafeeq in Crime No. 4 of 1993, under Section 8/21, N.D.P.S. Act, police station Zaidpur, district Barabanki on 791994.

The report of the Additional Registrar, dated 1111994 shows that Criminal Misc. Case No. 2186 of 1994 is registered as a contempt matter, the parties being Dr. Seema Asthana v. R. K. Sharma and it is not a bail matter. Similarly, Criminal Misc. Case No. 1204 (B) of 1994 was a bail application on behalf of one Om Prakash son of Jwala Prasad and not on behalf of Rafeeq.

In view of the above, it appears that on the strength of some forged certified copies of bail orders, accused Kripa Ram and Rafeeq have been bailed out.

Another similar photo copy of a bail order had also come to my notice earlier in which I have issued warrant of arrest a few days ago.

Register this case as Criminal Misc. Case. In case Kripa Ram son of Suraj Pal Varma, resident of village Atrauli, police station Kothi, district Barabanki has been released on bail on the strength of bail order purporting to have been passed in Criminal Misc. Case No. 2186 (B) of 1994, the Chief Judicial Magistrate, Barabanki shall issue warrants against him and take steps for arresting Kripa Ram and commit him to custody. Similarly, in case Rafeeq, son of Nankau, resident of village Padara, police station Safderganj, district Barabanki has been enlarged on bail on the strength of the bail order purporting to have been passed in Criminal Misc. Case No. 1204 (B) of 1994, the Chief Judicial Magistrate, Barabanki shall issue warrants against him and shall take steps to get him arrested and commit him to custody.

Summon the bail papers pertaining to Crime No. 76 of 1992 of police station Kothi, district Barabanki and Crime No. 4 of 1993 of police station Zaidpur, district Barabanki. Additional Registrar shall depute a special messenger to go and deliver a copy of this order to the learned Chief Judicial Magistrate, Barabanki for compliance. The special messenger so deputed shall also fetch the records mentioned above in sealed covers so as to be available on 16th November, 1994. List again on 16th November 1994. Before sending the records, the learned Chief Judicial Magistrate, Barabanki shall prepare duplicate files of necessary papers so that the proceedings for the arrest of Kripa Ram and Rafeeq are not holdup.

Decided accordingly.