Allowed

Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC27 May 2024ABAIL/1168/2024

Case brief

AI extract

What is this about?

Anticipatory bail application filed in a case alleging forgery in government appointment. The court granted interim protection citing the absence of previous convictions, consistent co-accused relief, and relevant Supreme Court precedent.

What did the court decide?

Interim protection (anticipatory bail) granted contingent upon compliance with conditions including cooperation, non-influence of witnesses, and obtaining permission to leave India.

Rahul Yadav and Another vs State of U.P. Thru. Prin… — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1168 of 2024 Applicant :- Rahul Yadav And Another

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Prashant Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 85/2021, under Sections 419/420/467/468/471 I.P.C., P.S. Kotwali Nagar, District Balrampur.

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

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Allegedly the FIR has been lodged on 01.04.2021 against 92 persons, including the applicants, alleging that the accused persons secured appointment on the post of Assistant Teacher in schools under U.P. Basic Siksha Parishad, on the basis of forge documents.

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Learned counsel for the applicants submits that no offence under Section 419/420/467/468/471 IPC is made out. The applicants have not received even a single penny during the course of employment. Co-accused Raj Kumar Yadav and Gaurav Yadav who were similarly situated and who had even joined have been granted anticipatory bail vide orders dated 21.12.2023 and 2.11.2023 passed by a coordinate Bench of this Court in Crl. Misc. Anticipatory Bail No.2824 of 23 and 3013 of 2023 respectively.

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Learned counsel for the applicants submits that the applicants are not a previous convict; they have no criminal antecedents and they undertakes to cooperate in the investigation.

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Issue notice to respondent No. 2.

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Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit.

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List on 16.07.2024.

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Considering the above aspect of the matter, perusal of the record as well as the fact that co-accused persons Raj Kumar Yadav and Gaurav Yadav have been granted anticipatory bail; the applicants are not a previous convict and having no criminal history and the applicants are undertaking to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicants Rahul Yadav and Ajeet Kumar shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicants shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

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Order Date :- 1.7.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Rahul Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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