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2025 DAILYLAW 201612 (ALL)

SANJAY KUMAR SINGH @ SANJAY SINGH AND 3 OTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/1496/2025 · 2025-10-14

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. - 1496 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in F.I.R. No. 237/2024, U/s 420, 467, 468, 471 IPC, Police Station - Motigarpur, District -Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. As per the contents of the First Information Report, in which the applicant is not named, the allegation is that the informant was induced to take admission in S.S. Paramedical Institute in the B.Pharma course, and upon completion thereof, a mark sheet and degree were issued to him, which subsequently turned out to be fake. Learned counsel for the applicant submits that the co-accused, Ayush Tiwari @ Ayush Kumar Tiwari, has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.04.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 372 of 2025. It is further submitted that during the course of investigation, the complicity of the applicant was not established, and the charge sheet was filed only against Ayush Tiwari @ Ayush Kumar Tiwari, while the names of the applicants were dropped. Thereafter, the complainant submitted an affidavit Versus Counsel for Applicant(s) : Shivendra S Singh Rathore, Bhavesh Chandel, Sachin Upadhyay Counsel for Opposite Party(s) : G.A., Indra Pratap Singh, Pawan Kumar Sanjay Kumar Singh @ Sanjay Singh And 3 Other .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) along with an application before the Superintendent of Police concerned, whereupon further investigation was ordered. The applicants now apprehend their arrest. They have no criminal antecedents and undertake to cooperate with the investigation. Learned A.G.A. and learned counsel for the complainant have, however, opposed the prayer for bail, submitting that non-bailable warrants have been issued against the applicants and the investigation is still in progress. Upon due consideration of the role attributed to the applicants, the fact that the offences are triable by a Magistrate, the co-accused Ayush Tiwari @ Ayush Kumar Tiwari has already been granted anticipatory bail, the applicants have no criminal history, and in view of the undertaking given on their behalf to cooperate with the investigation, I am of the opinion that the applicants are entitled to be released on 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 their cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicants Sanjay Kumar Singh @ Sanjay Singh, Ajay Kumar Singh, Amar Pratap Singh @ Amar Singh and Prajjwal Mishra, 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 conditions:- 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. The application is allowed. October 14, 2025 R.C. NABAIL No. 1496 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench