A judge rejected an anticipatory bail application in a case involving allegations of producing fake certificates and mark sheets to secure admission as a BTC trainee. The court held the matter unsuitable for anticipatory bail as it is an extraordinary remedy.
Anticipatory bail application is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11728 of 2022
Applicant :- Jitendra Singh Opposite Party :- State Of U.P. And Anothers Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
05.The anticipatory bail application is opposed by learned A.G.A. putting before me the fact that in this case the F.I.R. was lodged on the basis of enquiry conducted by responsible officers/officials. In the enquiry out of all the candidates, papers of 35 candidates only were not found in order and not genuine. It is also pointed out that the applicant has not dared to file his marksheet and certificates. Had his papers genuine copy whereof would have certainly been filed to prove his bonafides.
misuse of process of law.
09. It is made clear that observations made in rejecting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion at any stage of the case based on material before him.
Order Date :- 7.2.2023 Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant under Section 438 Cr.P.C. given the prosecution case regarding fake documents.
1 provisions across 1 enactments
Jitendra Singh
State Of U.P. And Anothers
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
