HOUSILA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/342/2025 · 2025-04-21
Manish Mathur
body2025
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[ 2025 DAILYLAW 135020 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135020 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22311 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 342 of 2025 Applicant :- Housila Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Jay Narayan Mishra,Govind Kumar,Preeti Yadav,Sandeep Rawat 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.26 of 2025, under Sections 318(4), 338, 336(3), 340(2) of BNS of 2023, P.S. Harchandpur, District Raebareli.
3. As per contents of first information report, applicant along with co-accused were found to have been appointed illegally on a Class IV post in aided Intermediate School.
4. It has been submitted that earlier, applicant alongwith co-accused had filed Writ A No.4260 of 2023 for payment of salary. The said petition was
disposed vide order dated 31.05.2023 directing concerned authority to look into and decide grievance of applicant but in terms of the said
order, applicant's representation was rejected by means of order dated 08.10.2024 holding that the applicant's appointment was illegal since it was based on forged documents. It is submitted that subsequently co-accused Adarsh Pratap Singh being on a similar footing had thereafter filed Criminal Misc. Writ Petition No.2088 of 2025 in which Division Bench of this Court, considering the same allegations, vide order dated 12.03.2025 stayed his arrest. It is submitted that applicant's stands on similar footing.
5. Learned A.G.A. has opposed anticipatory bail application with the submission that the order passed in pursuance of directions issued by this Court clearly indicates the aspect of his complicity in obtaining employment on the basis of forged and fabricated documents. It is however admitted
that investigation is still continuing in which applicant is cooperating and co-accused has already been granted indulgence by this Court.
6. In view of aforesaid facts and circumstances as well as the fact that co-accused Adarsh Pratap Singh has already been provided protection by this Court. 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- Housila Prasad 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:- (i) The applicant shall cooperate in the investigation and he will not influence the witness. (ii) The accused-applicant will remain present as and when the arresting officer/I.O./ S.H.O. concerned call(s) for investigation/interrogation. (iii) The applicant shall not leave India without previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this protection.
9. The application stands allowed.
Order Date :- 21.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench