Arun Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2815 of 2023 Applicant :- Arun Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri O.P. Tiwari, learned counsel for the applicant as well as Sri Anant Pratap Singh, learned A.G.A. for the State and perused the record.

¶2The instant bail application has been filed seeking anticipatory bail in case crime No. 883 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C and Section 6/9 of the Uttar Pradesh Public Examination Act, 1998, registered at Police Station Kotwali, District Unnao.

¶3The aforesaid case has been registered on the basis of a F.I.R. lodged on

28.10.2023 against the applicant and another person, stating that during T.E.T examination, in place of the applicant, the other co-accused was writing the question paper.

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

¶5The learned A.G.A has vehemently opposed the anticipatory bail application and he has submitted that the applicant had tried to secure public employment by making an imposter to appear for him and write the examination. He has further submitted that on the basis of instructions that the applicant's original pan card was recovered from the possession of the other accused person who was writing the examination paper in the applicant's place.

¶6Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by granting pre arrest bail to applicant

¶7The bail application stands 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. (Subhash Vidyarthi,J.) Order Date :- 8.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench