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2025 DAILYLAW 161628 (ALL)

SMT. KALINDI @ KALINDI SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/1165/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1165 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Durgesh Kumar Singh, learned counsel for the applicant, Sri Amit Kumar Dwivedi, learned A.G.A. appearing on behalf of the State, Sri Prashant Srivastava, learned counsel for the complainant and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0341/2024, under Sections 419, 420, 467, 468 & 471 IPC, Police Station Subeha, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.12.2024 against the applicant and her husband Pawan Kumar Dwivedi by the District Inspector of Schools, Barabanki stating that in furtherance of a complaint made on IGRS portal that the complainant's son had taken admission to New Ideal Convent Public School, Paliya, Subeha, Barabanki in class IX (U.P. Board) and he passed class X in the year 2017 and was issued a certificate issued by 'Bhartiya Vidyalayi Shiksha Sansthan', which is forged. An inquiry was conducted in furtherance of the aforesaid complaint during which Manager of the School (applicant's husband co-accused-Pawan Kumar Dwivedi) stated that his school has been granted affiliation by Bhartiya Vidyalay Shiksha Sansthan through a letter dated 25.11.2015. The Secretary, Intermediate Education Board, U.P. has informed that there is no recognized institution by the name of Versus Counsel for Applicant(s) : Durgesh Kumar Singh Counsel for Opposite Party(s) : G.A., Prashant Srivastava Smt. Kalindi @ Kalindi Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Bhartiya Vidyalayi Shiksha Sansthan. 4. In the affidavit filed in support of the application, the applicant has described herself as the principal of the institution, she has stated that she has no criminal history and she has been falsely implicated in the present case. 5. Learned counsel for the applicant has submitted that the applicant had challenge the validity of the FIR by filing Criminal Misc. Writ Petition No. 222/2025 in which an interim order was passed on 27.03.2025 staying arrest of the applicant. It is recorded in the aforesaid order that the learned counsel for the petitioners had submitted that the co-accused Pawan Kumar Dwivedi has been arrested and his petition praying for quashing of the FIR was not pressed on his behalf. Regarding petitioner no. 2, who is the applicant in the present case, it was submitted that the school was run by her husband and she has no active role in the management of the school. A bare perusal of the description of the applicant in the affidavit filed in support of the present application makes it manifest that the aforesaid submission was factually incorrect and the applicant himself has admitted on oath that she is the principal of the school. 6. The learned counsel for the applicant next submitted that the school has been granted recognition up to class V only and the certificate in question has not been issued by the school. 7. The FIR states that during an inquiry held in furtherance of the complaint, the applicant's husband co-accused Pawn Kumar Dwivedi himself has produced a purported recognition letter dated 25.11.2015 issued by the Bhartiya Vidyalay Shiksha Sansthan and, therefore, this submission also appears to have no force. 8. Learned AGA has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 06.05.2025. 9. Keeping in view the aforesaid facts, I am of the view that the facts of the present case do not warrant exercise of discretion of this Court by granting pre-arrest bail to the applicant. NABAIL No. 1165 of 2025 2 10. Accordingly, the anticipatory bail application is rejected. September 9, 2025 Pradeep/- NABAIL No. 1165 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench