Allahabad High Court
Netrapal Singh vs State Of U.P. on 3 January, 2023
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11535 of 2022 Applicant :- Netrapal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Kumar,Kuldeep Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Facts in brief are that this applicant appeared in the Police Recruitment Examination on the place of co-accused Palendar Singh. In scrutiny, it was found that this applicant appeared on the place of Palendar Singh and his thumb impression was also found to be used in his place. After scrutiny, F.I.R. was lodged.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. Applicant appeared in Police Recruitment Examination and got selected. On the ground of mechanical error his thumb impression was shown on the place of co-accused Palendar Singh, though he did not appear on his place. He committed no any impersonation in the examination and also the offence are punishable with imprisonment below than seven years. He has challenged the termination order of this applicant before this Court, therefore, requested for anticipatory bail.
On the other hand, learned AGA opposed the prayer of anticipatory bail.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and the fact that in scrutiny it was found that this applicant appeared on the place of co-accused Palendar Singh and also appeared in other physical examination held on different dates, as a result this applicant and co-accused Palendar Singh, both were got selected in the Police Recruitment. Later on in scrutiny, it was found that present applicant appeared on the place of co-accused Palendar Singh, his thumb impression was also tallied in biomatric machine, as a result, services of both the persons were terminated. Since, offences are punishable with imprisonment below seven years, therefore, there is no apprehension of arrest by the police. Hence, no good ground is made out for anticipatory bail. The anticipatory bail application of applicant Netrapal Singh involved in Case Crime No. 110 of 2022, under Sections 419, 420, 120-B IPC and Section 6/10 U.P. Public Examination Act, P.S. Sikandara, District Agra is hereby rejected.
However, it is directed that in case, the applicant appears and moves bail application before the court concerned, it will be heard and decided expeditiously as far as possible in the light of case decided by Hon'ble the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2021 SC 550.
Order Date :- 3.1.2023 A. Singh