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2025 DAILYLAW 152267 (ALL)

BALWAN SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

ABAIL/797/2025 · 2025-07-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41997 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 797 of 2025 Applicant :- Balwan Singh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Yogendra Nath Yadav,Mohd. Saud Khan,Sajjad Husain,Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in FIR/ Case Crime No. 256 of 2023, under Section - 420, 467, 468 & 471 of I.P.C, Police Station - Wazirganj, District- Lucknow. Heard learned counsel the applicant and learned A.G.A. for the State. Notice to respondent no. 2 to 4 are dispensed with in view of the proposed order. In the prosecution case, it is alleged that Balwan Singh Yadav, with the intention of misappropriating public funds in a planned manner, prepared forged medical bills in the name of his wife, Smt. Manju Yadav, and submitted them to SGPGI. A committee constituted by SGPGI found that the said bills were fabricated and lacked the signature of the concerned doctor or the Chief Medical Officer Learned counsel for the applicant contends that the petitioner was suspended in connection with the said allegation; however, the suspension order was stayed by the Hon’ble Court vide order dated 17.10.2023 passed in Writ Petition No. 7743 of 2023. He further submits that, as per the relevant government order, lodging of the FIR is not permissible until the conclusion of departmental proceedings. Learned AGA has opposed the bail application, arguing that the FIR was registered on the basis of report of the SGPGI committee and cannot be termed as a case of false implication. The offence is serious in nature. It is further submitted that the government order cited by the applicant cannot override the statutory provisions of the Cr.P.C. under which the FIR has been lodged. The record has been perused, including the interim stay order in Writ Petition No. 7743 of 2023, which reveals that the suspension order was stayed on the technical ground that it had been passed by an incompetent authority. The Court has not expressed any opinion on the merits of the case. The FIR prima facie discloses commission of a cognizable offence, and complicity of the applicant is evident. It is not a case of false implication. No case for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application stands rejected. Order Date :- 22.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench