Allahabad High Court
Dinesh Mourya @ Dinesh Kumar Mourya vs State Of U.P. Thru. Addl. Chif Secy. Home ... on 31 August, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:59642 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1984 of 2024 Applicant :- Dinesh Mourya @ Dinesh Kumar Mourya Opposite Party :- State Of U.P. Thru. Addl. Chif Secy. Home And Another Counsel for Applicant :- Prahlad Maurya,Alok Kumar Singh,Anam Som Ratna Maurya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.368 of 2023 under sections 419, 420, 467, 468, 471 I.P.C., 4/10 of U.P. Public Examination Act, P.S. Ashiyana, Lucknow.
2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with in view of the proposed order.
3.Learned counsel for the applicant submits that the applicant has been falsely implicated.He even does not know Kamlesh Nishad who was allegedly giving examination by impersonating the applicant in his place. He has drawn attention of the Court towards medical certificate in this context and submits that the applicant was on bed rest and was at home.
4.A perusal of the record shows that on 27.8.2023, for the post of Assistant Clerk, UPSSSC held examination at Adarsh Public Inter College, Ashiyana, Sector H, L.D.A. Colony, Lucknow. One Kamlesh Nishad was found giving examination on the fake I.D. and Admit Card. Kamlesh was apprehended by the police who was found giving examination in place of the applicant. From the personal search of Kamlesh Nishad on the spot, a fake Aadhar Card and other details of the applicant were found. Thus, the co-accused Kamlesh Nishad was caught red handed while giving examination in place of the applicant. Prima facie, thus, complicity of the applicant is evident. The offence under section 467 I.P.C. is punishable with life. It is not a case of false implication.
5.No case for anticipatory bail is made out. The application is dismissed.
Order Date :- 31.8.2024 kkb/