High Court · 2025

2. Heard Shri Prashant Shukla, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

3. The instant application has been moved by the applicant- Nitin Kumar in F.I.R./Case Crime No. 79 of 2021, under Sections 420, 467, 468 and 471 I.P.C., Police Station Ghazipur, District Lucknow, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above- mentioned case.

4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. He was not named in the FIR. In the F.I.R. 136 persons have been named and allegations have been made that while applying for his registration the applicant has enclosed forged mark-sheet which after verification was not authenticated by the college by which it was shown to have been issued, while the applicant has never applied for registration.

5. It is vehemently submitted that first information report of this case has been lodged in a cursory manner and it appears that due to some misunderstanding the name of the applicant has been dragged into this case. It is also submitted that during the course of investigation name of 71 persons have also been further revealed.

6. It is next submitted that for the last three years the investigation of the case is going on and the applicant is cooperating in the investigation. However, the same is at the concluding stage and the investigating officer by misinterpreting Section 170 of the Cr.P.C. is making all out efforts to apprehend/arrest of the applicant. Applicant is not having any criminal history and he is ready to cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required. Identically placed co-accused persons, namely, Jafar Ali, Arvind Kumar Chaurasiya, Mohd. Nadeem Khan, Abhishek Kumar Agarwal, Ankit Kumar Agarwal, Raghvendra Singh, Narendra Srivastava, Vikram Singh, Sarvesh Chandra Mishr, Akash Kumar Ray, Anupama Singh, Amit Kumar Trivedi, Kishor Majumdar, Guru Bux Singh, Parvez Ali, Shiv Prakash Bharti, Apoorv Omar, Suresh Byapari, Rajeev Prajapati, Asrar Ahmad, Sanjay Kumar Chaudhary and Deepesh Sahu have been granted anticipatory bail by this Court, vide orders dated 5.8.2024, 29.2.2024, 05.09.2024 21.9.2024, 18.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 4.10.2024, 1.10.2024 and 13.12.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. Nos. - 1737 of 2024, 424 of 2024, 1746 of 2024, 1992 of 2024, 2042 of 2024, 2177 of 2024, 2348 of 2024, 2394 of 2024, 2392 of 2024, 2395 of 2024, 2391 of 2024, 2384 of 2024, 2383 of 2024, 2381 of 2024, 2382 of 2024, 2380 of 2024, 2379 of 2024, 2376 of 2024, 2375 of 2024, 2316 of 2024, 2265 of 2024 and 2721 of 2024, respectively.

2.9.2024,

6.8.2024,

7. Learned A.G.A. on the other hand submits that having regard to the manner in which the offence has been committed, the applicant is not entitled for any protection.

8. Having heard learned counsel for the parties and having perused the record, it is evident that the F.I.R. of this case was lodged against 136 accused persons. Allegations against them are identical i.e. of submitting forged documents and 71 more persons are shown to have been now added during the course of investigation and also keeping in view the fact that the investigation of this case is pending for the last three years, a case of anticipatory bail is made out in favour of the applicant. Identically placed co-accused persons, namely, Jafar Ali, Arvind Kumar Chaurasiya, Mohd. Nadeem Khan, Abhishek Kumar Agarwal, Ankit Kumar Agarwal, Raghvendra Singh, Narendra Srivastava, Vikram Singh, Sarvesh Chandra Mishr, Akash Kumar Ray, Anupama Singh, Amit Kumar Trivedi, Kishor Majumdar, Guru Bux Singh, Parvez Ali, Shiv Prakash Bharti, Apoorv Omar, Suresh Byapari, Rajeev Prajapati, Asrar Ahmad, Sanjay Kumar Chaudhary and Deepesh Sahu have been granted anticipatory bail by this Court.

9. Thus, having regard to the law laid down by the Hon'ble Supreme Court in Nathu Singh Vs State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant.

10. In result, the anticipatory bail application moved by the applicant- Nitin Kumar is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of the applicant in the above- mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required; (2) 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; (3) The applicant shall not leave the country without the previous permission of the Court.

11. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order.

12. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. Order Date :- 21.1.2025 Praveen PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

2. Heard Shri Prashant Shukla, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

3. The instant application has been moved by the applicant- Nitin Kumar in F.I.R./Case Crime No. 79 of 2021, under Sections 420, 467, 468 and 471 I.P.C., Police Station Ghazipur, District Lucknow, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above- mentioned case.

4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. He was not named in the FIR. In the F.I.R. 136 persons have been named and allegations have been made that while applying for his registration the applicant has enclosed forged mark-sheet which after verification was not authenticated by the college by which it was shown to have been issued, while the applicant has never applied for registration.

5. It is vehemently submitted that first information report of this case has been lodged in a cursory manner and it appears that due to some misunderstanding the name of the applicant has been dragged into this case. It is also submitted that during the course of investigation name of 71 persons have also been further revealed.

6. It is next submitted that for the last three years the investigation of the case is going on and the applicant is cooperating in the investigation. However, the same is at the concluding stage and the investigating officer by misinterpreting Section 170 of the Cr.P.C. is making all out efforts to apprehend/arrest of the applicant. Applicant is not having any criminal history and he is ready to cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required. Identically placed co-accused persons, namely, Jafar Ali, Arvind Kumar Chaurasiya, Mohd. Nadeem Khan, Abhishek Kumar Agarwal, Ankit Kumar Agarwal, Raghvendra Singh, Narendra Srivastava, Vikram Singh, Sarvesh Chandra Mishr, Akash Kumar Ray, Anupama Singh, Amit Kumar Trivedi, Kishor Majumdar, Guru Bux Singh, Parvez Ali, Shiv Prakash Bharti, Apoorv Omar, Suresh Byapari, Rajeev Prajapati, Asrar Ahmad, Sanjay Kumar Chaudhary and Deepesh Sahu have been granted anticipatory bail by this Court, vide orders dated 5.8.2024, 29.2.2024, 05.09.2024 21.9.2024, 18.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 22.10.2024, 4.10.2024, 1.10.2024 and 13.12.2024 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. Nos. - 1737 of 2024, 424 of 2024, 1746 of 2024, 1992 of 2024, 2042 of 2024, 2177 of 2024, 2348 of 2024, 2394 of 2024, 2392 of 2024, 2395 of 2024, 2391 of 2024, 2384 of 2024, 2383 of 2024, 2381 of 2024, 2382 of 2024, 2380 of 2024, 2379 of 2024, 2376 of 2024, 2375 of 2024, 2316 of 2024, 2265 of 2024 and 2721 of 2024, respectively.

2.9.2024,

6.8.2024,

7. Learned A.G.A. on the other hand submits that having regard to the manner in which the offence has been committed, the applicant is not entitled for any protection.

8. Having heard learned counsel for the parties and having perused the record, it is evident that the F.I.R. of this case was lodged against 136 accused persons. Allegations against them are identical i.e. of submitting forged documents and 71 more persons are shown to have been now added during the course of investigation and also keeping in view the fact that the investigation of this case is pending for the last three years, a case of anticipatory bail is made out in favour of the applicant. Identically placed co-accused persons, namely, Jafar Ali, Arvind Kumar Chaurasiya, Mohd. Nadeem Khan, Abhishek Kumar Agarwal, Ankit Kumar Agarwal, Raghvendra Singh, Narendra Srivastava, Vikram Singh, Sarvesh Chandra Mishr, Akash Kumar Ray, Anupama Singh, Amit Kumar Trivedi, Kishor Majumdar, Guru Bux Singh, Parvez Ali, Shiv Prakash Bharti, Apoorv Omar, Suresh Byapari, Rajeev Prajapati, Asrar Ahmad, Sanjay Kumar Chaudhary and Deepesh Sahu have been granted anticipatory bail by this Court.

9. Thus, having regard to the law laid down by the Hon'ble Supreme Court in Nathu Singh Vs State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant.

10. In result, the anticipatory bail application moved by the applicant- Nitin Kumar is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of the applicant in the above- mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required; (2) 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; (3) The applicant shall not leave the country without the previous permission of the Court.

11. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order.

12. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. Order Date :- 21.1.2025 Praveen PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench