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2025 DAILYLAW 181106 (ALL)

SHAMEEM JAHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO

/1739/2025 · 2025-11-19

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1739 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present anticipatory bail application has been filed by the applicant seeking anticipatory bail in Case Crime No.412 of 2025, under Sections 419, 420,467,468,471 IPC, Police Station Bilgram, District Hardoi. The allegation in the prosecution case is that at the time of recruitment in service, the applicant had submitted the mark-sheet and degree of the Lucknow University B.Ed. Examination, 2006, which, after enquiry and as per the records of Lucknow University, have been found to be fake. It is thus alleged that the applicant obtained the appointment on the basis of the said forged documents. Learned counsel for the applicant submits that the applicant is a lady and has no criminal history. She has been falsely implicated. It is further submitted that the mark-sheet is not a valuable security. The applicant has also challenged the cancellation of her appointment Versus Counsel for Applicant(s) : Pawan Kumar Pandey, Sameer Singh Counsel for Opposite Party(s): G.A. Shameem Jahan .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko .....Opposite Party(s) before this Court by filing Writ Petition No. 5253 of 2025 (Writ-A). Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. Perusal of the record prima facie shows complicity of the applicant. On the basis of the fake degree submitted by her, she secured employment and has drawn salary for approximately 15 years. The argument that the mark-sheet is not a valuable security is insufficient, because she may still be prosecuted under various other sections for which the FIR has been registered. Her continued employment and long-term financial benefit from a fraudulent document make it unlikely that she has been falsely implicated. The grant of anticipatory bail is an exercise of extraordinary jurisdiction. Considering the nature and seriousness of the allegations, the prolonged advantage obtained by the applicant on the strength of the forged qualification, and the prima facie material supporting the prosecution case, this is not a fit case where such discretionary relief can be extended at this stage. The application for anticipatory bail is accordingly dismissed. November 19, 2025 Madhu D.R/P.S NABAIL No. 1739 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench