HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 440 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Abhinav Singh, Advocate holding brief of Sri Ramakaar Shukla, the learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 15.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.95 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Maholi, District Sitapur. 4. As per contents of first information report, applicant was appointed as an Assistant Teacher on 01.07.2024 but subsequently upon verification, his educational qualifications pertaining to B.L.Ed. for the year 2013 were found to be forged. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which would be evident from fact that only online verification of his educational qualifications were done without any offline verification being done. It is submitted that there was certain Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Akbar Shah @ Akabar Shah .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s) discrepancy in uploading of educational mark sheets which would require consideration. It is submitted that applicant does not have any previous criminal history and is ready and willing to cooperate in investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that applicant's educational qualifications were found to be forged during verification. It is however, admitted that applicant does not have any previous criminal history but submits that applicant is not cooperating in investigation. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that the aspect of forgery of applicant's educational qualifications would require a thorough investigation, which is still ongoing. Applicant is a Teacher without any previous criminal history and undertakes to cooperate in investigation. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 8. List this case on 05.06.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. Applicant is directed to appear before the investigating officer on 20.05.2025 at 02.00 P.M. 11. Learned Additional Government Advocate shall obtain instructions with regard to applicant's cooperation in investigation, by the next date of listing. 12. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Akbar Shah @ Akabar Shah shall be released on bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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 to any police officer or tamper with the evidence; and NABAIL No. 440 of 2025 2 (iii) That the accused-applicant shall not leave India without the 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 order. " 3. The office has reported that the notice issued to the opposite party no.2 has been served personally but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application. 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation but the learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 15.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 15.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 440 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench