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High Court of DelhiBAIL APPLN./285/2016

Shipra Singh v. State Govt Of NCT Of Delhi

2017-01-12Hon'Ble Mr. Justice S.P.Garg3 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SHIPRA SINGH ..... Petitioner Through :

Mr.V.K.Garg, Sr.Advocate with Mr.Neeraj Choudhary & Mr.Akshay Chandra, Advocates.

versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through :

Ms.Meenakshi Dahiya, APP.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 12.01.2017 1.

The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.1225/2015 registered under Sections 420/461/468/471/120B IPC at PS Maurya Enclave. Status report is on record. Bail is opposed by the complainant. 2.

I have heard the learned counsel for the parties and have examined the file.

The petitioner was provisionally appointed as Assistant Professor (English) on 29.07.2013 in Vivekanand Institute of Professional Studies (VIPS), Pitampura.

It is alleged that at the time of filling the application form, the petitioner had disclosed all her qualifications and degrees including B.A.(Hons.) degree in English from B.B.R. Ambedkar Bihar University in 2000 with first division. The petitioner, however, did not furnish the original documents despite various reminders. Subsequently, the B.A. (General) degree

furnished by her was got verified from B.B.R. Ambedkar Bihar University and it was informed that no such B.A.(General) degree was issued from the said University.

3.

By an order dated 08.02.2016, the petitioner was granted interim protection and was directed to join the investigation as and when required.

Undisputedly, the petitioner has joined the investigation since then.

It is relevant to note that earlier the Trial Court had also granted interim anticipatory bail for fifteen days to the petitioner by an order dated 15.07.2015 and she was directed to join the investigation. The petitioner after joining the investigation before the Investigating Agency had furnished original degrees and marksheets. Subsequently, by an order dated 30.01.2016 the anticipatory bail was declined on the ground that the petitioner did not co-operate with the Investigating Agency to disclose the source/channel of procuring such certificates.

4.

Police file reveals that the petitioner had obtained Provisional Degree Certificate dated 19.06.2013 from Monad University. Letter dated 10.05.2016 vide reference No.MU/L/001/2016 from Monad University is on police file.

It informed that Provisional Degree Certificate dated 19.06.2013 of Ph.D. in English was issued by the University in favour of the petitioner having Enrolment No.MU 1210201079.

It was further informed that the petitioner had done Ph.D. in English from Monad University in regular mode. 5.

Status report reveals that the degrees / certificates furnished by the petitioner are yet to be verified from CMJ University, Meghalaya

and Monad University, Hapur, U.P.

Since Monad University has already informed that Ph.D. degree awarded was valid one, it is to be seen as to how the B.A. (General) degree which was allegedly found fake came into existence. For this purpose, custodial interrogation of the petitioner is not required.

6.

Considering the facts and circumstances of the case, the petitioner is granted anticipatory bail and in the event of arrest, she be released on furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer. She shall, however, join the investigation as and when required.

7.

The bail application stands disposed of.

S.P.GARG, J.

JANUARY 12, 2017 / tr