Dismissed

Pradeep Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC10 Apr 2024/795/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an anticipatory bail application filed under s. 438 Cr.P.C. by Pradeep Kumar, holding that the charge sheet had been filed with incriminating evidence regarding fraudulent documents, precluding anticipatory bail relief.

What did the court decide?

Application for anticipatory bail under s. 438 Cr.P.C. dismissed; liberty granted to file for regular bail.

Pradeep Kumar Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29226

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 795 of 2024

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Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shesh Ram Mishra,Vinod Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been filed seeking anticipatory bail in FIR No. 0204 of 2020, under Sections 467, 468, 419, 420, 471 IPC, relating to Police station Thangaon, District Sitapur.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated and the First Information Report was lodged in pursuance of the order passed by the District Basic Education Officer, Sitapur wherein the documents which were furnished by the applicant were found to be fraudulent. It is further submitted that on the basis of the aforesaid, the service of the applicant were terminated which was challenged by the applicant by filing a Writ Petition bearing No. 13695 (SS) of 2020 wherein a Coordinate Bench of this Court by means of order dated 27.08.2020 had allowed the petition of the applicant quashing the order dated 07.03.2020 giving liberty to the Authorities to pass fresh orders.

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It is further submitted that thereafter again fresh orders were passed which came to be challenged by the applicant in W.P. No. 24972 (SS) of 2020 wherein the operation of the impugned order dated 31.10.2020 was stayed upon the submission made by learned counsel for the applicant that the Rules of 1999 were not appropriately followed.

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It has further been submitted that the applicant had also approached the Division Bench of this Court in Writ Petition No. 12407 of 2021 wherein and interim protection was granted that till such time the charge sheet is filed, the applicant may not be arrested. It is in the aforesaid backdrop, it is submitted that once the proceedings are still engaging the attention of the

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Court and there is no finality in so far as the order of termination is concerned, hence, the applicant may be granted anticipatory bail.

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Having considered the aforesaid submissions and from the perusal of the material on record, apparently, the basic allegation is that the applicant while furnishing fraudulent documents had concealed the material facts. In so far as the departmental proceedings are concerned i.e. a separate issue altogether, the charge sheet has been filed and incriminating evidence has been received against the applicant.

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In view of the aforesaid, this Court is not inclined to grant the benefit of the anticipatory bail. Consequently, the present anticipatory bail application is dismissed . However, it shall be open for the applicant to seek regular bail and in case such an application is moved, the same shall be considered and decided by the Court concerned in light of the decision rendered by the Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC Online SC 825 .

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Order Date :- 10.4.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Pradeep Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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