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2025 DAILYLAW 160657 (ALL)

ALOK AGRAHARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/8166/2025 · 2025-08-29

Subhash Vidyarthi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8166 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Prabhat Kumar Mishra, learned counsel for the applicant, Sri Angad Kumar Viswakarma, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.116 of 2024, under Sections 120- B, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Hazratganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.04.2024 against 7 named persons, including the applicant and some unknown persons stating that the U.P. Subordinate Service Selection Commission had conducted selection to 72 posts of Supervisor, Grade-III for which the eligibility condition was having passed intermediate with Science or Agriculture and possessing one year diploma in food processing. As against 72 posts only 8 candidates were selected in the selection process and one candidate was selected provisionally. Upon verification of the diploma certificates of the candidates issued by Sri Krishna Deo Arya University, Anantpuram, Andhra Pradesh the University communicated that it does not conduct any such diploma and therefore the diploma certificate produced by the candidates were forged. Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, Parth Upadhyay Counsel for Opposite Party(s): G.A. Alok Agrahari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that the appointment of the applicant already stands cancelled. It has also been submitted on behalf of the applicant that co-accused Ravindra Singh has already been granted anticipatory bail by this court by means of an order dated 07.08.2025, passed in Criminal Misc. Anticipatory Bail Application No.870 of 2025. Another co-accused person - Pankaj Kumar Yadav has been granted bail in the present case by means of an order dated 18.08.2025 passed by this court in Crl. Misc. Bail Application No.7639 of 2025. A co-accused Amit Kumar Yadav has also been granted bail by this court by means of an order dated 21.08.2025, passed in Criminal Misc. Bail Application No.7788 of 2025. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the appointment of the applicant already stands cancelled way back in the year 2022 itself; that the applicant has no previous criminal history and he is languishing in jail since 12.06.2025 whereas one co-accused person has already been granted anticipatory bail and other co-accused persons have been released on bail in the present case, and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Alok Agrahari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- BAIL No. 8166 of 2025 2 (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. August 29, 2025 Ram. BAIL No. 8166 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench