JITENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NABAIL/619/2025 · 2025-06-09
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143810 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35042 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 619 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and pursued the record.
2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No.97 of 2025, under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2) BNS, Police Station Pisawan, District Sitapur.
3. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present case as he himself is a victim. He further submitted that after getting admission in B.L.Ed course in the Bundelkhand University, Jhansi, the applicant participated in the examination and declared successful and thereafter certificate in question was issued. The applicant participated in the counselling and selected on the post of Assistant Teacher and during the verification process his B.L.Ed degree was found forged. He further submitted that he was not aware about the genuineness of the University as well as the degree whether the decree was legal and valid and except the present case he has no other criminal antecedents. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail.
4. Learned A.G.A. opposes the prayer of the applicant and submitted that during the course of scrutiny, the document/degree submitted by the applicant was found forged as no such degree was issued by the University to the applicant therefore, applicant is not entitled for anticipatory bail.
5. Considering the argument of the learned counsel for the applicant, learned A.G.A. and going through the contents of the F.I.R., contents of the bail application as well as other relevant records as the document which was submitted by the applicant was allegedly found forged is a matter of investigation, this Court is of the view that proper investigation is necessary in the present case therefore, the applicant is entitled for anticipatory bail. Accordingly, the present anticipatory bail application stands finally
disposed of. In case, applicant-Jitendra Kumar, involved in aforesaid case crime number is taken into custody, he shall be released on anticipatory bail by the concerned Station House Officer on his furnishing personal bond of Rs.50,000/- with two sureties each in the like amount with the following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
6. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 9.6.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench