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2025 DAILYLAW 184980 (ALL)

DEENA NATH VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1780/2025 · 2025-11-25

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. - 1780 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.0223 of 2025 under Section 318(4)/338/336(3)/340(2) BNS 2023, Police Station Dalmau, District Raebareli. In the prosecution case, it is alleged that the applicant obtained appointment on the post of Assistant Teacher on the basis of a TET certificate. However, during verification, the said TET certificate was not found available, and therefore it could not be verified. Treating the certificate as a forged document, the complainant has lodged the present FIR. Learned counsel for the applicant submits that the services of the applicant have already been terminated. An order of recovery of the salary and allowances received by the applicant has also been issued, which is on record as Annexure-9 to the bail application. The applicant has no other criminal antecedents. Learned counsel for the applicant has further drawn the attention of the Court to similar orders passed in this type of case, filed collectively as Annexure-10 to the bail application. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to continue cooperating with the investigation. Versus Counsel for Applicant(s) : R.B.S. Rathaur Counsel for Opposite Party(s) : G.A. Deena Nath Verma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned A.G.A. has opposed the application and submitted that it is not a case of false implication. On due consideration of the fact that the offence is triable by a Magistrate, the undertaking given by the applicant to cooperate in the investigation, and the fact that the applicant has no criminal antecedents, 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. Accordingly the application is allowed. Accordingly the application is allowed. It is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall report to the investigating officer within twenty 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. In case of default, it would be open for the investigating agency to move application for vacation of this anticipatory bail. November 25, 2025 Madhu D.R/P.S NABAIL No. 1780 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench