Single judge rejected an anticipatory bail plea in a case involving alleged forgery of a pharmacist degree. The court found no material suggesting ulterior motive for the FIR and denied bail, noting that anticipatory bail is not a substitute for regular bail.
Application for anticipatory bail dismissed.
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. - 911 of 2023
Applicant :- Sanjay Kumar Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Munesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
i. In this case the F.I.R. has been registered against the applicant after conducting enquiry in which it was found that D Pharma certificate which
was requisite minimum qualification for obtaining the job of Pharmacist was fake.
ii. It was in writing intimated by the concerned authority that the roll number mentioned on the certificate of the applicant in fact pertained to another candidate namely Krishnand.
iii. It is pointed out that the applicant has not dared to furnish copy of certificate of D Pharma before this Court and para no.10 of the affidavit with regard to this fact is misleading one. Instead of copy of the certificate, copy of some other paper has been furnished.
iv. It is argued that report of the concerned council of pharmacist intimating that certificate is forged one cannot be taken lightly. The applicant is taking shelter of technical grounds that enquiry was not conducted properly. It is also pointed out that earlier letters sent to the council of pharmacist for verification of papers were in fact never dispatched and the applicant may probably had a hand behind stalling the issue of those letters/reminders.
Order Date :- 17.2.2023
Asha
Digitally signed by :- ASHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail should be granted in a case alleging forgery of qualification certificates.
Whether the First Information Report was lodged for ulterior motives.
Whether the termination of services without a proper departmental enquiry warrants bail protection.
2 provisions across 2 enactments
Sanjay Kumar
State Of U.P.
Jyotsna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
