Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 66160 (ALL)

SAURABH KUMAR v. STATE OF U.P.

NABAIL/4697/2025 · 2025-08-19

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:142566 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4697 of 2025 Applicant :- Saurabh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Rupak Chaubey, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 532 of 2015, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Cantt., District- Varanasi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant had applied for appointment as L.T. Grade Teacher in a government college. At the time of counselling, B.A. as well as B.Ed. mark-sheets of the applicant were found to be forged. It is contended that the applicant had applied for the said post on the basis of genuine documents. The alleged mark-sheets were not verified by any competent authority. At this stage there is no credible evidence to link the applicant with the offence. It is next contended that identically placed co-accused Manju Devi, Sharmila Yadav and Santosh Kumar Pal have been granted anticipatory bail by this Court vide orders dated 9.12.2020 and 31.7.2024 passed in Criminal Misc. Anticipatory Bail Application Nos.8810 of 2020 and 6319 of 2024. The applicant claims parity. The applicant has no criminal antecedents. Investigation is pending for more than nine years. The applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that at this stage there is no credible evidence to link the applicant with the offence; identically placed co-accused Manju Devi, Sharmila Yadav and Santosh Kumar Pal have been granted anticipatory bail by this Court; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant Saurabh Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 20.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad