Dr. Shahid Ali v. State Of Chhattisgarh And ORS.
HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 831 of 2015 Dr. Shahid Ali S/o Shri Hidayat Ali, Aged About 51 Years, R/o Kabir Kunj Saraswati Nagar, Near Railway Gate, P.S. - Amanaka, District - Raipur (Chhattisgarh).
---- Applicant
Versus
1. State Of Chhattisgarh, Through : District Magistrate, District - Raipur (Chhattisgarh).
2. State Of Chhattisgarh, Through : S.H.O. Tikrapara, District - Raipur (Chhattisgarh).
3. Shailendra Khandelwal, S/o Dr. S.S. Khandelwal, Aged About 46 Years, R/o 7/9 - Nehru Nagar, East Bhilai, Police Station - Supela, District Durg (Chhattisgarh) ---- Respondents ___________________________________________________________ For applicant - Shri Neeraj Choubey, Advocate. For Respondent/State - Shri Satish Gupta, G.A. For complainant - Shri S.C. Verma, Advocate.
Hon'ble Shri Justice Goutam Bhaduri Order 24/06/2016 1.
This is a case arising out of complaint.
2.
This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Complaint Case No.19090/2014 registered before the court of Additional Chief Judicial Magistrate Raipur, District-Raipur (C.G.) for offence punishable under Sections 420, 467, 468, 471 & 120-B of IPC.
3.
Complaint has been filed on the basis of forged certificate issued on 7/04/2005 in favour of applicant Dr. Shahid Ali by his wife Dr. (Smt.) Gopa Bagchi that he had imparted education to the student of Journalism Mass Communication in the University i.e. Guru Ghasidas University, Bilaspur for the academic Session 1995 to March, 2005 (BJMC) & 2003-04, 200410 March, 2005 (MMCJ) as Guest Faculty and on the basis of such forged
certificate, applicant procured the job of Reader in Kushabhau Thakere Patrakarita Vishva Vidyalaya, Raipur on a contract basis in the year 2005 whereas the applicant has not imparted any education in the Guru Ghasidas University, Bilaspur. Initially complaint was made to the police which was subject of enquiry and subsequently complaint was filed before the court below by the respondent No.3/complainant Shailendra Khandelwal and on the basis of complaint summons have been issued. Therefore, apprehending the arrest, present bail application has been moved.
4.
Learned counsel for the applicant would submit that no false certificate has been issued in his favour as he has imparted education in the University and it would be evident from the communication of the University which was replied to the police by Annexure A-7 on 16/08/2011 that the applicant Dr. Shahid Ali has imparted education in the University from 27th September, 1995 and thereafter periodically and was paid remuneration, therefore the certificate which has been issued is authentic. Therefore, learned counsel submits that under the circumstances the applicant may be granted benefit of anticipatory bail. 5.
Learned State counsel and counsel for complainant vehemently opposes the prayer for grant of anticipatory bail. It is stated that it would reveal from the communication Annexure A-7 itself that the certificate which was issued by Dr. (Smt.) Gopa Bagchi wife of the applicant on 7/04/2005 do not find place in official record of the University which goes to show that certificate is completely forged. It is submitted that on the basis of such forged certificate though the applicant was studying at Sourashtra University, certificate has been issued in order to procure the job in other institution. It is stated that court has prima facie found it
correct that the document so issued was forged and as such summons have been issued, therefore, the applicant may not be given benefit of anticipatory bail.
6.
I have perused the documents filed along with the bail application which contains certificate dated 7/04/2005 issued in favour of applicant Dr. Shahid Ali by Dr. (Smt.) Gopa Bagchi wife of the applicant showing that the applicant has worked as Guest Faculty from 1995 to March 2005. Communication is also on record of the University which shows that certain amount of remuneration was paid to the applicant Dr. Shahid Ali over period of time from 1995 till November, 2004. Said communication also records that certificate issued in favour of the applicant by Dr. (Smt.) Gopa Bagchi wife of the applicant is not available in the official record. Taking into consideration bunch of documents and also for the fact that trial may take some time for hearing, I am inclined to extend benefit of anticipatory bail to the applicant. It is further observed that any observation made in this bail order will not affect merits of this case as the authenticity of the ceritificate is still to be adjudicated on merits after evaluating the entire evidence.
7.
Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial court. The applicant shall also abide by the following conditions:- (i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the 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/her from disclosing such facts to the Court or to any police officer;
(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/- (Goutam Bhaduri) JUDGE gouri