Allahabad High Court
Anuj Pratap Singh vs State Of U.P. And Another on 5 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13335 of 2022 Applicant :- Anuj Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Vijai Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.
01. Heard Sri Chandra Vijai Singh, learned counsel for the applicant, Sri O.P. Mishra, learned AGA for the State and perused the papers on record.
02. The present application has been moved by the applicant Anuj Pratap Singh seeking anticipatory bail in Case Crime no.132 of 2016, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Rajghat, District Gorakhpur.
03. As per allegations in the F.I.R., the documents submitted by the candidates, who had applied for direct recruitment of assistant teachers in State intermediate colleges, were verified from the boards/university concerned. It was found that 19 persons including the present applicant had filed fabricated and manipulated marksheets and certificates for obtaining the jobs.
04. It is contended on behalf of the applicant that false allegations have been levelled against him. He never produced any fake, fabricated or false certificates or marksheets. Before filing F.I.R. no enquiry was made. It is further pointed out that a number of persons namely Km.Jairani, Vimlesh Kumar Gupta, Dilip Singh Maurya and Alok Paswan, who have been named in the F.I.R., have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.01.2022 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.20246 of 2021.
05. The anticipatory bail application is opposed by learned A.G.A. on the ground that the applicant has said nothing about his academic record which he purportedly produced for his candidature. He has not submitted any of the papers to prima facie show that his papers were genuine. It is further contended that F.I.R. has been filed after a detailed enquiry by the concerned department. The papers submitted by the candidates including the present one were verified from the concerned Board/University and found fake and forged. The F.I.R. has been lodged by the Joint Director Education. The applicant has not filed a single educational paper to prima facie demonstrate that he had requisite qualifications and genuine academic certificate. Non filing of such document points in the opposite direction.
06. Prima facie it does not appear that the F.I.R. has been lodged against him with the purpose of bringing disgrace or cause humiliation to him by having him arrested in a mala fide manner. It may also be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The powers under Section 438 Cr.P.C. cannot be utilized in a routine manner and definitely not as a substitute for regular bail. This discretionary power calls for existence of facts of the kind where the court is satisfied that its interference is necessary to further the cause of justice and to prevent misuse of process of law.
07. In view of the facts and circumstances of the case I do not find it a fit case to grant benefit of anticipatory bail.
08. Hence the anticipatory bail application is rejected.
09. It is made clear that observations made in rejecting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on material before him at any stage of the case.
Order Date :- 5.4.2023 Asha