The single judge dismissed an anticipatory bail application alleging cheating and forgery. The court rejected the claim of false implication, noting the co-accused was caught impersonating the applicant with fake IDs, making prima facie complicity evident.
Anticipatory bail application is 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.
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/
Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether anticipatory bail is maintainable given evidence of impersonation and co-accused caught with fake documents in applicant's place.
Whether prima facie complicity of the applicant makes out a case for rejecting the anticipatory bail application.
6 provisions across 2 enactments
Dinesh Mourya @ Dinesh Kumar Mourya
State Of U.P.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
