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2025 DAILYLAW 150716 (ALL)

SWAMI SARAN v. STATE OF U.P THRU. SIT HAVING OFFICE POLICE HEADQUARTERS LKO.

ABAIL/1687/2024 · 2025-01-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4188 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1687 of 2024 Applicant :- Swami Saran Opposite Party :- State Of U.P Thru. Sit Having Office Police Headquarters Lko. Counsel for Applicant :- Santosh Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0002 of 2015 under Section 120B read with 201/ 204/ 409/ 420/ 464/ 467/ 468/ 471 I.P.C. and Section 13(1)d(2)(3) P.C. Act, Police Station SIT Lucknow, District Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.In the prosecution case it is alleged that the applicant during his tenure as 3rd class superintendent (examination) between 21.6.2008 to 14.9.2012 misused his authorities and in collusion with other co-accused in order to provide benefit to the students of B.Ed session 2004-2005 by issuing tampered marksheet and has prepared forged tabulation chart of the students of that session. 4.Learned counsel for the applicant submits that the co-accused Shailendra Gupta, Rajesh Chopra and Ran Vir Singh have been granted protection by this Court vide orders dated 31.7.2024, passed in anticipatory bail Nos.1184, 1035 and 1185 - all of 2024. He submits that the case of the present applicant is akin to the co-accused persons who have been granted protection by this Court. He seeks parity. Learned counsel for the applicant has submitted that in compliance of order dated 30.7.2024 whereby the applicant was granted interim protection by this Court, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate further in the investigation/trial. 5.Considering the interim protection granted by this court vide order dated 30.7.2024 which has not been misused by the applicant, undertaking that the applicant shall further cooperate in the investigation/trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. Order Date :- 22.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench