Raj Vardhan Bhaskar v. State of U.P. Thru. Prin. Secy. Deptt. Home, U.P. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2669 of 2023 Applicant :- Raj Vardhan Bhaskar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, U.P. Lucknow And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Firoz Ahmad Khan, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 96/2023, under Sections 419, 420, 467, 468, 471 IPC & Section 3/7 Pariksha Adhiniyam, 1982, Police Station Bazar Khala, District Lucknow.

¶3The aforesaid case has been registered on the basis of a F.I.R. lodged on 27.06.2023 against the applicant and one Hitesh Kumar, alleging that during an examination being held by Uttar Pradesh Subordinate Services Selection Commission, Lucknow for making selection of candidates for the post of Village Development Officer and some other posts, in place of the applicant, other co-accused person was appearing.

¶4In the affidavit filed in support of the application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5Having considered the facts and circumstances of the case and keeping in view the fact that the allegation against the applicant is that he tried to secure public employment by making the co-accused person write the examination paper in his place, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by granting pre-arrest bail to the applicant.

¶6In view of the above, the anticipatory bail application of the applicant is rejected. However, in case the applicant files any bail application, the same shall be considered and decided, without being influenced by rejection of this anticipatory bail application. Order Date :- 21.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench