Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 197 of 2025 Applicant :- Kaushlendra Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Uttam Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 1028/2015, under Sections 420, 465, 471 IPC, Police Station Kotwali Sahar, District Hardoi. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. Allegation against the applicant is that he appeared in the competitive examination and was selected, however, during course of document verification, the TET certificate was found forged and thus FIR came to be lodged. Learned counsel for the applicant submits that although charge sheet has been filed, however, the penal sections under which the charge sheet has been filed are not attracted as the applicant has not joined the services. He has not drawn any salary and there is no wrongful gain by the applicant. At the best, offences under Section 511 IPC are attracted. It has been further submitted that co-accused Surabhi @ Surabhi Chaturvedi who was assigned similar role has been enlarged on anticipatory bail by this Court vide order dated 23.02.2024 passed in criminal misc. anticipatory bail application U/S 438 Cr.P.C. No. 363/2024. It is submitted that charge sheet in the matter has been filed. The applicant has never absconded. He undertakes that the applicant shall cooperate in the trial. Learned AGA has opposed the bail application, however, could not dispute the submission of learned counsel for the applicant. On due consideration to the bail order of co-accused Surabhi @ Surabhi Chaturvedi; penal sections under which charge sheet has been filed as well as the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 12.2.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench