Hajrat Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Hajrat Khan Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Hajrat Khan: in the event of arrest, release on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (i) no tampering with evidence and appearance before the trial Court on fixed dates unless exempted; (ii) no inducement, threat or promise to dissuade disclosure of facts; (iii) co-operation during trial and no misuse of the liberty of bail; and (iv) no departure from India without prior permission of the Court concerned; on default of any condition, prosecution may move for cancellation of the anticipatory bail.

Issue for consideration

Whether anticipatory bail should be granted to the applicant (Hajrat Khan) in Case Crime no. 16 of 2025, Police Station Tajganj, District Agra (Sections 318(4), 338, 336(3), 340(2) B.N.S.; Section 13 U.P. Public Examination Act). +1 more

Court's answer

Guided by the settled anticipatory-bail principles stated in Siddharam Satlingappa Mhetre (nature and gravity of accusation, antecedents of the accused, possibility of fleeing from justice, careful evaluation of the entire available material and the exact role of the accused), and considering the submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances, the Court concluded — expressly without expressing any opinion on merits — that a case for anticipatory bail is made out.

Ratio / Principle

The anticipatory bail application is allowed.

Key takeaways

In the event of arrest, the applicant Hajrat Khan is to be released on anticipatory bail upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions: (i) not to tamper with evidence and to appear before the trial Court on dates fixed unless exempted; (ii) not to directly or indirectly make any inducement, threat or promise to dissuade any person acquainted with the facts from disclosing them to the Court or police; (iii) to co-operate during trial and not misuse the liberty of bail; and (iv) not to leave India without prior permission of the Court concerned.ratio¶¶20
In default of any of the imposed conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶¶27

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.; decision October 7, 2025) allowed a Criminal Misc. Anticipatory Bail Application under Section 482 BNSS (No. 8068 of 2025) filed by Hajrat Khan, accused in Case Crime no. 16 of 2025, Police Station Tajganj, District Agra, under Sections 318(4), 338, 336(3), 340(2) of B.N.S. and Section 13 of the U.P. Public Examination Act. The FIR alleged that one Girdhari appeared in the applicant's place in the examination conducted for recruitment of employees of the High Court. Noting that Girdhari had already been granted bail by a Co-ordinate Bench of this Court vide order dated 05.08.2025 in Criminal Misc. Bail Application No.2923 of 2025, that the applicant had no criminal history, and applying the criteria laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (gravity of accusation, antecedents, flight risk, evaluation of material and exact role), the Court — without expressing any opinion on merits — held a case for anticipatory bail made out and allowed the application, directing release on arrest upon a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions against tampering with evidence, inducement or threats, misuse of bail liberty, and leaving India without prior permission, and reserving to the prosecution the right to seek cancellation on default of any condition.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8068 of 2025

Hajrat Khan

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Tiwari
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Anil Kumar Tiwari, learned counsel for the applicant, Shri Uma Shankar Mishra, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 16 of 2025, under Sections 318(4), 338, 336(3), 340(2) of B.N.S. and Section 13 of U.P. Public Examination Act, Police Station Tajganj, District Agra with the prayer that in the event of arrest, applicant may be released on bail.

It is contended by learned counsel for the applicant that the allegation against the applicant is that one Girdhari appeared in the examination in place of the applicant. It is further submitted that the said Girdhari has been granted bail by Co-ordinate Bench of this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No.2923 of 2025 (Girdhari Vs. State of U.P.). It is further submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

On the other hand, learned A.G.A. has opposed the application for anticipatory bail.

As per first information report, the allegation is that one Girdhari appeared in place of the applicant in the examination conducted for recruitment of

NABAIL No. 8068 of 2025

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employees of the High Court. The said Girdhari has already been granted bail by Co-ordinate Bench of this Court vide order dated 05.08.2025 passed in Criminal Misc. Bail Application No.2923 of 2025 (Girdhari Vs. State of U.P.). It is further submitted that the applicant is having no criminal history.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

The anticipatory bail application is allowed.

In the event of arrest of the applicant- Hajrat Khan involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

NABAIL No. 8068 of 2025

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

October 7, 2025 RKM

(Jitendra Kumar Sinha,J.)

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad