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2025 DAILYLAW 164214 (ALL)

SUSHIL KUMAR MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

/1005/2025 · 2025-09-12

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1005 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Diwaker Singh Gautam, learned counsel for the applicant, Sri Prashant Tripathi, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0193 of 2023, under Sections 406, 419, 420, 467, 468, 471, 506, 120-B, 34 I.P.C., registered at Police Station Chinhat, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.05.2023 against one Abhishek Kumar Singh, stating that Abhishek Kumar Singh had extracted money from the informant under allurement of getting public employment for him and he has duped numerous other persons in a similar manner. 4. Another F.I.R No. 115 of 2023 was lodged in Police Station Kursi, District Barabanki for offences under Sections 406, 419, 420, 467, 468, 471, 506, 120-B, 34 I.P.C on 13.05.2023 against six persons, including Manmohan, stating that by Sub-Inspector of Police/Special Task Force, Lucknow, stating that Special Task Force was getting complaints regarding numerous young persons being duped in the name of getting them employed in public employment. A team of Special Task Force, Lucknow collected information from which it transpired that a gang was Versus Counsel for Applicant(s) : Diwakar Singh Gautam Counsel for Opposite Party(s) : G.A. Sushil Kumar Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) active in duping persons in this manner, of which, Manmohan @ Sushil Maurya was also a member. 5. The said F.I.R mentions recovery of huge number of fake documents after co-accused persons, namely, Abhishek Kumar Singh, Neeraj Mishra and Athar Hussain were arrested. 6. The learned counsel for the applicant has submitted that the allegations against the applicant have not been established in F.I.R No. 115 of 2023 and his name has been excluded. He has submitted that the applicant has been made an accused in the present case solely on the basis of his implication in F.I.R No. 115 of 2023. 7. In the affidavit filed in support of the anticipatory 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. 8. Per contra, the learned A.G.A. has opposed the anticipatory bail application on the basis of instructions provided to him. He has produced a relevant extract of case diary for perusal of the Court, which shows that a co-accused Abhishek Kumar Singh has stated that accused persons were running a training center under National Health Mission, Lucknow, under supervision of Sushil Kumar Maurya (the applicant). They were involved in duping persons by giving them fake appointment letters and joining letters. He further submitted that the investigation in the present case is still going on. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the nature of allegations do not warrant exercise of discretion of this Court by granting pre arrest bail to the applicant during pendency of the investigation. 10. Accordingly, the anticipatory bail application stands rejected. September 12, 2025 Preeti. ABAIL No. 1005 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench