HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1230 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.116 of 2024, under Sections 120-B, 420, 467, 468, 471 I.P.C./ Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS, registered at Police Station Hazratganj, District Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that the some unknown persons participated in the selection conducted by U.P. Subordinate Service Selection Commission for 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 (the applicant) 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. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no previous criminal history. The applicant had duly appeared up to the stage of interview, and his Versus Counsel for Applicant(s) : Ashutosh Kumar Srivastava, Asim, Rani Vijay Laxmi Singh Counsel for Opposite Party(s): G.A. Raj Kishor Patel .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) selection was made on the basis of the diploma certificate submitted by him. Hence, it is incorrect to allege that the applicant produced the diploma certificate after being selected. There was no occasion or reason for the applicant or any other candidate to furnish the diploma certificate after the selection process. It is further submitted that if the applicant had not possessed the requisite diploma, he would not have been called for the written examination or interview. The case, therefore, is one of false implication. It is also contended that the offences alleged are triable by a Magistrate. The co-accused Ravindra Singh has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 07.08.2025 (Annexure-5 to the bail application). The other co-accused persons, namely Alok Agrahari and Amit Kumar Yadav, have been granted regular bail by Coordinate Benches of this Court vide orders dated 29.08.2025 and 21.08.2025, respectively (Annexures 6 and 7 to the bail application). It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. On due consideration of the anticipatory and regular bail orders passed in favour of the co-accused persons named above, the fact that the offences alleged are triable by a Magistrate, the circumstance that the applicant has no previous criminal history except one explained case, and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following ABAIL No. 1230 of 2025 2 conditions:- The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 7, 2025 Madhu D.R/P.S ABAIL No. 1230 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench