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2025 DAILYLAW 166070 (ALL)

RAJEEV SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1060/2025 · 2025-09-23

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. - 1060 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dinesh Kr. Chaudhary, the learned counsel for the applicant, Sri Avishesh Kumar Singh, the learned AGA for the State and perused the records. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 85 of 2021, under Sections 419/420/467/468/471 IPC, Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an FIR lodged on 01.04.2021 against 92 persons, including the applicant, alleging that the accused persons secured appointment on the post of Assistant Teachers in schools under U.P. Basic Shiksha Parishad, on the basis of forged documents. The applicant had joined on the post on 31.08.2016 and his service has been terminated on 20.06.2017. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A. Rajeev Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. The learned counsel for the applicant has submitted that nineteen other similarly situated accused persons have been granted anticipatory bail in the present case. 6. The learned A.G.A. has opposed the anticipatory bail application and on the basis of instructions provided to him, he has stated that the applicant is not cooperating in the investigation. However, the instructions are silent as to whether any notice has been served upon the applicant calling upon him to appear before the Investigating Officer for recording the statement and whether the applicant has not appeared in spite of service of notice. 7. The learned counsel for the applicant has stated that once the applicant is granted protection from arrest, he will cooperate with the investigation. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant's service has already been terminated in the year 2017; that the applicant has no criminal history and that several similarly situated persons have already been granted anticipatory bail, I am of the view that the applicant is also entitled to be granted anticipatory bail in the present case on the ground of parity. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Rajeev Sharma before the learned Trial Court in the aforesaid complaint case, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; (ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the ABAIL No. 1060 of 2025 2 facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). That the applicant shall not pressurize/ intimidate the prosecution witness. September 23, 2025 Preeti ABAIL No. 1060 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench