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2026 DAILYLAW 8597 (ALL)

PRASHANT KUMAR v. STATE OF U.P. AND ANOTHER

NABAIL/9258/2026 · 2026-09-22

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9258 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.171 of 2026, under Sections 115(2), 352, 351(3), 318(4), 338, 336(3), 340(2) BNS, Police Station- Friends Colony, District Etawah, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned Counsel for the applicant has contended that the applicant has been falsely implicated in the present case. A false First Information Report has been lodged with an excessive delay. The allegation is of the applicant and the other accused had promised public employment to the informant, as the applicant had good relations with people in the Staff Selection Commission. The learned counsel has further submitted that no employment in any post advertised by the Staff Selection Commission could be obtained by payment of money and absolutely false allegations have been made. The applicant and the informant were friends, and petty transactions between friends have been used for the purposes of concocting a false case to extort an exorbitant amount of money from the applicant and the other accused. The applicant has no criminal antecedents. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute Versus Counsel for Applicant(s) : Manoj Kumar Patel Counsel for Opposite Party(s) : G.A. Prashant Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the fact that no employment under the Staff Selection Commission can be had on payment of money. 5. I have considered the submissions made by the learned counsel for the parties. 6. This Court, in Criminal Misc. Writ Petition No.4985 of 2026, while dismissing the petition and refusing to interfere in the F.I.R., made the following observations: "...These are disputed defences, which, in the present writ petition, challenging the FIR, cannot be gone into by us. Money taken from members of the public for offering employment under the Government by unauthorized men, has become a menace. No doubt, it is equally a menace that the public too, are ready to shell out money, virtually becoming parties, to the offence themselves." 7. In the opinion of the Court, paying money to secure public employment shows the dishonest nature of the informant himself. The allegations made in the F.I.R. prima facie appear to be suspicious. The monetary transactions were made in the year 2023 and alleged joining letter was also given to the informant on 21.07.2023 but the F.I.R. came to be lodged on 07.07.2026. The allegations made in the F.I.R., in the opinion of the Court, appear to be highly suspicious and not worth relying upon. 8. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Prashant Kumar, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; NABAIL No. 9258 of 2026 2 ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 23, 2026 S.A. NABAIL No. 9258 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad