Neutral Citation No. - 2025:AHC-LKO:17152 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 280 of 2025 Applicant :- Hari Shankar Kasana Opposite Party :- State Of U.P. Thru. Sit Gomti Nagar Lko Counsel for Applicant :- Samarth Pratap Singh,Amitansh Kumar Verma,Ratnesh Chandra,Smt. Padma Verma,Sunit Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State. 2. First anticipatory bail application has been filed with regard to case crime No. 02 of 2015 under Sections 120(B) r/w 201, 204, 420, 409, 464, 467, 468, 471 of IPC & Section 13(1)d(2) (3) of P.C. Act, 1988, P.S. SIT, Gomti Nagar, District Lucknow. 3. As per contents of first information report, the incident is said to have taken place in the year 2004-2005 and pertains to issuance of forged mark sheets pertaining to B.Ed. Examination. The applicant is shown as being Incharge of the Chart Room where the tabulation chart of the examination were prepared. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him. It is submitted that only allegation levelled against the applicant is of not adhering to his official duties and being negligent in the same leading to tampering of the mark sheets. It is submitted that incident is of the year 2004-2005 with first information report being lodged in year 2015 and investigation having just commenced without any charge sheet being filed. He has adverted to orders passed by this Court with regard to grant of anticipatory bail to co-accused Shailendra Gupta, Ran Vir Singh and Mahipal Singh in the matter in Criminal Misc. Anticipatory Bail Applications No. 1184 of 2024, 1185 of 2024 and 1148 of 2023 respectively and has sought parity with the same. It is also submitted that previous criminal history of applicant has been explained in the affidavit filed in support of application and pertains only to the said incident. 5. Learned A.G.A. has opposed application with submission that investigation is ongoing. It is submitted that the anticipatory bail orders adverted to learned counsel for applicant do not provide any parity at all since they were engaged on different posts. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that parity has been sought with regard to such persons/ co-accused Shailendra Gupta, Ran Vir Singh and Mahipal Singh who although have been indicated to be among different posts but allegations made pertained to the same. It also appears from bail orders granted that charge sheet has not yet been filed despite approximately 10 years having passed. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Hari Shankar Kasana shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands allowed. Order Date :- 24.3.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench