Avinash Kumar v. State of U.P. Thru. Secy. (Home), U.P. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2741 of 2023 Applicant :- Avinash Kumar Opposite Party :- State Of U.P. Thru. Secy. (Home), U.P. Lucknow And Another Counsel for Applicant :- Deshraj Singh,Shiv Shankar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Deshraj Singh, the learned counsel for the applicants as well as Sri Shaunak Singh, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 612 of 2023, under Sections 419, 420, 467, 468, 471 IPC & Sections 6/10 U.P. Public Examination Act, 1998, Police Station Kotwali Dehat, District Hardoi.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 29.10.2023 against the applicant and one Roshan Kumar, stating that the co-accused had appeared in place of the applicant during an examination held by U.P. Subordinate Services Selection Board.

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

¶5Having considered the aforesaid facts and circumstances of the case and keeping in view the the conduct of the applicant in trying to secure public employment by letting some other person write the examination for him and also keeping in view the maximum sentence which can be awarded to the applicant, 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.

¶6The anticipatory bail application is rejected accordingly. However, in case the applicant files an application for grant of bail, the same shall be considered and decided on its merits, without being influenced by any observations made in this order. Order Date :- 30.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench