High Court · 2025
Case Details
Cited in this judgment
First anticipatory bail application has been filed with regard to case crime No.150 of 2024, under Sections 419, 420, 467, 468, 471 IPC, Sections 6 & 10 U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, P.S. Husainganj, District Lucknow. Earlier vide order dated 3rd March, 2025, anticipatory bail had been granted which is as follows:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 150 of 2024, under sections 419,420,467,468,471 of IPC & Sections 6, 10 of U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, P.S.- Husainganj, District- Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the selection process for the post of Sub- Inspector (Civil Police) and Platoon Commander (PAC) was held in pursuance of Advertisement dated 24.2.2021 for the total post of 9534 and thereafter, the same was challenged before this Court by way of a writ petition bearing Writ-A No. 4581 of 2022 along with the bunch of writ petitions, wherein the Coordinate Bench of this Court had opened to the Board to ensure the sanctity of the examination in future and in furtherance, it was directed that the result of all the selected candidates should be closely examined by the Board by constituting a committee of three members under the Chairmanship of the Secretary of the Board and, if it is found that any person has used unfair means to get selected, his result should be cancelled and he should be ousted, and if required, FIR should be registered against such a person. He submits that the aforesaid direction for scrutiny was done, but the same was not in the knowledge of the applicant. Since he was suffering from serious diseases in between the training period, he left the training without informing the authorities concerned and when he moved an application stating therein that he may be considered for training, he was informed that an FIR was lodged against him. Adding his arguments, he submits that in fact, on the basis of the thumb impression which was taken at the time of the selection, was deleted and it is not as per the mandates of Sections 39 and 72 of the Evidence Act and, therefore, this kind of evidence is very weak kind of evidence. In support of his contentions, he has placed reliance on the judgement of the Apex Court rendered in the cases of Arnab Goswami vs. Union of India & Others, 2020 (14) SCC 12; and Siddharth vs. State of UP & Ors. in SLP (Crl.) No. 5442/2021 and submits that the case of the present applicant is squarely covered with the ratio of the judgements aforesaid. He also submits that the applicant is suffering from serious diseases and he is cooperating in the investigation proceedings, even then there is an apprehension that he will be arrested by the police, thus, submission is that he may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committing the offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Ghanshyam Jaiswal shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 3, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the 2nd week of April, 2025. In the meantime, the State as well as the opposite party no. 3 may file their counter affidavits." Counter affidavit has been filed in the meantime as per which charge sheet has been filed against the applicant. There is nothing adverse to indicate that the applicant did not cooperate during course of investigation. The counter affidavit also does not indicate any substantial change in circumstances from the date his anticipatory bail was granted. In view thereof, interim anticipatory bail granted earlier to the applicant is made absolute. As such, the first anticipatory bail application stands allowed. In view of the above, it is provided that in the event of arrest, the applicant- Ghanshyam Jaiswal 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:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. Order Date :- 29.4.2025 prabhat PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
First anticipatory bail application has been filed with regard to case crime No.150 of 2024, under Sections 419, 420, 467, 468, 471 IPC, Sections 6 & 10 U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, P.S. Husainganj, District Lucknow. Earlier vide order dated 3rd March, 2025, anticipatory bail had been granted which is as follows:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 150 of 2024, under sections 419,420,467,468,471 of IPC & Sections 6, 10 of U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, P.S.- Husainganj, District- Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the selection process for the post of Sub- Inspector (Civil Police) and Platoon Commander (PAC) was held in pursuance of Advertisement dated 24.2.2021 for the total post of 9534 and thereafter, the same was challenged before this Court by way of a writ petition bearing Writ-A No. 4581 of 2022 along with the bunch of writ petitions, wherein the Coordinate Bench of this Court had opened to the Board to ensure the sanctity of the examination in future and in furtherance, it was directed that the result of all the selected candidates should be closely examined by the Board by constituting a committee of three members under the Chairmanship of the Secretary of the Board and, if it is found that any person has used unfair means to get selected, his result should be cancelled and he should be ousted, and if required, FIR should be registered against such a person. He submits that the aforesaid direction for scrutiny was done, but the same was not in the knowledge of the applicant. Since he was suffering from serious diseases in between the training period, he left the training without informing the authorities concerned and when he moved an application stating therein that he may be considered for training, he was informed that an FIR was lodged against him. Adding his arguments, he submits that in fact, on the basis of the thumb impression which was taken at the time of the selection, was deleted and it is not as per the mandates of Sections 39 and 72 of the Evidence Act and, therefore, this kind of evidence is very weak kind of evidence. In support of his contentions, he has placed reliance on the judgement of the Apex Court rendered in the cases of Arnab Goswami vs. Union of India & Others, 2020 (14) SCC 12; and Siddharth vs. State of UP & Ors. in SLP (Crl.) No. 5442/2021 and submits that the case of the present applicant is squarely covered with the ratio of the judgements aforesaid. He also submits that the applicant is suffering from serious diseases and he is cooperating in the investigation proceedings, even then there is an apprehension that he will be arrested by the police, thus, submission is that he may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committing the offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Ghanshyam Jaiswal shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that 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 officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 3, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the 2nd week of April, 2025. In the meantime, the State as well as the opposite party no. 3 may file their counter affidavits." Counter affidavit has been filed in the meantime as per which charge sheet has been filed against the applicant. There is nothing adverse to indicate that the applicant did not cooperate during course of investigation. The counter affidavit also does not indicate any substantial change in circumstances from the date his anticipatory bail was granted. In view thereof, interim anticipatory bail granted earlier to the applicant is made absolute. As such, the first anticipatory bail application stands allowed. In view of the above, it is provided that in the event of arrest, the applicant- Ghanshyam Jaiswal 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:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. Order Date :- 29.4.2025 prabhat PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench