MITTRA SEN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application for bail has been filed under the provisions of a liberty granted to the applicant by the Supreme Court in Criminal Appeals No. 1209 of 2002 filed by Ram Pratap Yadav, Principal of Kisan High School, Bankata, Tarun, district Faizabad and No. 1210 of 2002, preferred by Mr. B. P. Mishra, the then District Magistrate, Faizabad.

(2.) IT is noteworthy that a first information report was lodged against the applicant by Mr. Ram Pratap Yadav, Principal of Kisan High School, Bankata, Tarun, district Faizabad under Sections 419/420/467/468/471/409, I.P.C. The applicant Mittra Sen Yadav is the Manager of the said school. According to the allegations, as revealed in the first information report, Mr. Mittra Sen Yadav and his son Anand Sen Yadav are persons of turbulent nature and taking advantage of their undue influence, they had forcibly restrained the informant from entering the premises of Kisan High School. Both the applicant and his son being in collusion with each other had forged and fabricated the signatures of the then District Inspector of Schools Smt. Vinita Boudh on a manufactured letter and thereby appointed Bhanu Pratap, Subedar, Jitendra Kumar, Pankaj Yadav, Siyaram, Nand Kumar, Ram Nayak and Ram Bharat as teachers. These appointments were made in the vacancies of equal number of teachers who were appointed earlier in accordance with prescribed rules. Giving details of such replacements and illegal appointments, the informant stated that Mr. Bhanu Pratap was appointed in place of Tilakdhari Yadav, Subedar in place of Ram Milan, Pankaj Yadav in the vacancy of Ram Tej Yadav, Siyaram in lieu of Yadunath, Jitendra Kumar in place of Shiv Kumar Maurya, Nand Kumar in place of Hari Om Yadav, Ram Bharat substituted for Dines Yadav and Ram Naik had been appointed in place of Mr. Bhagirathi. The applicant was alleged to have prepared forged appointment letters in back date and treating them as appointed with effect from 1.4.1996 allegedly permitted them to do their duty and in this way, a sum of Rs. 9 lacs was drawn and misappropriated from 1.4.1996 to May 2001. This act of embezzlement has been committed by the applicant for his personal gain. In addition to that amount, a sum of Rs. 2,10,000 was also drawn by altering the date of birth of three Class -IV employees, namely, Bharat Ram, Ram Shanker and Laxman Prasad. Yet one more act of forgery was committed by the applicant by tampering with records pertaining to the appointment of Mr. Ram Naresh Maurya who was not holder of M.A.B. Ed. degrees and as such, not eligible to be appointed as assistant teacher but subsequently a certificate of Bombay Art of 1978 was placed on record and a sum of Rs. 5 lacs was drawn as his salary and this act too was termed to be an offence of embezzlement. A sum of Rs. 5 lacs was also drawn as salary for Subedar Yadav, Clerk who was, subsequently, on the basis of a forged experience certificate, appointed as a teacher contrary to the rules and the said sum was also misappropriated by the applicant. In this way, a total sum of Rs. 21,10,000 is said to have been illegally drawn and misappropriated.

(3.) THE informant challenged the said bail order by way of filing Criminal Appeal No 1209 of 2002 arising out of S.L.P. (Crl.) No. 1350 of 2002. The State Government too filed another Criminal Appeal No. 1210 of 2002, arising out of S.L.P. (Crl.) No. 1266 of 2002. The Hon'ble Supreme Court allowed both the appeals, quashed this Court's order of bail with a liberty to the applicant to file a fresh bail application and further observed that if moved, his application shall be dealt with and disposed of on its own merits, consistently with the observations made in the judgment.