Dismissed

Devendra Singh v. State of U.P. and 2 Others

Allahabad HC9 Jan 2023ABAIL/11823/2022

Case brief

AI extract

What is this about?

Hon'ble Mrs. Jyotsna Sharma, J., rejected an anticipatory bail application. The court held that given the completion of investigation, the submission of a chargesheet, and the applicant's failure to surrender following an earlier order, this was not a fit case for granting anticipatory bail.

What did the court decide?

Anticipatory bail application rejected. Court directed that the surrender application pending below shall be disposed of based on material before it.

Devendra Singh Vs State of U.P. and 2 Others — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 85

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11823 of 2022

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Applicant :- Devendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.,Anil Kumar Rai,Durgesh Kumar Singh

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ankit Agarwal holding brief of Sri Garun Pal Singh, learned counsel for the applicant, Sri Durgesh Kumar Singh, learned counsel for respondent no.3 and Sri O.P. Mishra, learned AGA for the State and perused the papers on record.

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The present application has been moved seeking anticipatory bail in Case Crime no.351 of 2021, under Sections 420, 467, 468, 469 and 471 I.P.C., P.S. Naujheel, District Mathura.

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As per prosecution case, the applicant Devendra Singh prepared a forged High School Marksheet and on the basis of that he obtained job in the Army and thereafter on the basis of that forged paper he has been working as Security Guard in Gram Tarauli branch of State Bank of India, Mathura.

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It is contended on behalf of the applicant that he is innocent and that he has been falsely implicated in this case on the information of covillagers out of personal enmity. It is stated that the applicant failed two times in High School Examination and further he was successful in his third attempt and on that basis he was employed.

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The anticipatory bail application is opposed by the opposite side. Following facts and arguments have been placed before me.

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that the applicant has produced no copy of the high school marksheet or certificate apparently to show that in fact he passed high school examination in a particular year the third time and he was given employment on that paper only.

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that the applicant moved an application under Section 482 Cr.P.C. No.26363 of 2022 which was finally disposed of on 30.09.2022 with a direction to the applicant to move surrender application within four weeks from the date of order and further direction that in case such application is moved, it shall be decided in the light of judgement of Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. Admittedly the applicant did not surrender in the light of above order.

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that after investigation chargesheet has been submitted and it was found that high school certificate on the basis whereof the applicant got the job was in fact never issued by the Board.

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Chargesheet against him has been submitted.

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It may be kept in mind that anticipatory bail is an extraordinary remedy to be exercised in suitable cases only. The power cannot be utilized in a routine manner 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.

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In view of the facts and circumstances of the case I do not find it fit case to grant benefit of anticipatory bail.

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Hence the anticipatory bail application is rejected .

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The court below shall pass orders based on material before it, without being influenced by any of the observations made herein.

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Order Date :- 9.1.2023

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Asha

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Digitally signed by :- ASHA High Court of Judicature at Allahabad

Devendra Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Devendra Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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