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2026 DAILYLAW 9095 (ALL)

KAILASH CHAURASIA v. STATE OF U.P. AND ANOTHER

NABAIL/9996/2026 · 2026-09-23

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. - 9996 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.235 of 2026 under Sections 318(4), 319(2), 336(3), 338, 340 (2) of B.N.S., Police Station-Kotwali, District-Ghazipur, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant submits that the applicant has been falsely nominated in the present case. The FIR has been lodged against the applicant, co-accused Abhay Kumar Yadav, some unknown employees of the District Legal Services Authority, Ghazipur and one person Arvind Kushwaha, who was the peon in the District Legal Services Authority, Ghazipur. The allegation is of preparation of fake appointment letters and trying to join as a Class-IV employee in the District Legal Services Authority, Ghazipur. Learned counsel has stated that the applicant has never forged any letter. The applicant had applied for being appointed as a Class-IV employee in the Mediation and Conciliation Centre under the District Judge, Ghazipur and no forged letter has been produced by him. Learned counsel has further stated that the applicant has no criminal antecedents. The applicant had been granted interim protection for a period of 60 days in Criminal Misc. Writ Petition No.12548 of 2026 vide order dated 15.06.2026 and liberty was granted to Versus Counsel for Applicant(s) : Kamlesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Kailash Chaurasia .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicant to apply for regular bail / anticipatory bail, which was to be considered as per the judgment and order of the Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). 4. Learned A.G.A. has opposed the prayer for bail and has contended that the applicant had attempted to obtain a job under the District Legal Services Authority by forging an appointment letter. The said letters on verification were found to be forged, which led to the lodging of the F.I.R. Learned A.G.A. does not dispute the fact that the applicant has no criminal antecedents. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant has no criminal antecedents. The applicant had been granted interim protection of 60 days by this Court in Criminal Misc. Writ Petition No.12548 of 2026. The applicant is not stated to have received any salary towards the appointment. 7. Taking into account the fact that no actual loss has been caused and also the fact that the applicant has no criminal history, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant-Kailash Chaurasia, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety 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; 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 NABAIL No. 9996 of 2026 2 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; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. 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 24, 2026 A. Pandey NABAIL No. 9996 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad