Allahabad High Court
Hemanth Kumar vs State Of U.P. And 2 Others on 15 June, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11802 of 2021
Applicant :- Hemanth Kumar
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Surya Bhan Singh,Shiv Nath Singh(Senior Adv.),Yadvendra Krishan
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
None for the applicant though the link was sent to the learned counsel for the applicant. Sri Vinod Kant, learned Additional Advocate General for the State.
This application seeking anticipatory bail has been filed by the applicant being aggrieved of registration of a criminal case registering Case Crime No. 0067 of 2021 at Police Station- Manth, District- Mathura, under Sections 420, 467, 468, 471 IPC. Allegation on the applicant is that he is a beneficiary of a forged marksheet, which he had allegedly obtained from Agra University, showing him to have qualified the B.Ed Examination in the academic session 2004-05, whereas according to the applicant neither his marksheet is forged nor there is any manipulation.
Learned counsel for applicant submits that on the strength of this marksheet, he was appointed as 'Assistant Teacher' in a primary school where he had joined his services on 29.12.2010 and he continued to work for about 10 years when his service was terminated. It is submitted that applicant is innocent and under similar facts and circumstances in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8248 of 2021 (Lokendra Pal Singh and 17 Others) benefit of anticipatory bail has been extended.
Learned A.A.G., in his turn, submits that interim protection was afforded in case of Lokendra Pal Singh because learned A.G.A. in that case had not produced instructions and therefore, matter was thought to be considered on a later date and interim protection was granted till 27.04.2021. Sri Vinod Kant submits that his instructions are complete. There is a racket going on in the State of Uttar Pradesh where beneficiaries are obtaining forged marksheets in connivance with the middleman and the main conspirators, who are having thorough knowledge of the system, operationalized in various universities.
It is submitted that authorities are deliberately trying to protect the concerned officials of the university, who in collusion with certain other persons, manipulated with the marksheet and cheated innocent persons like applicant.
Applicant has directly come to this Court because F.I.R. was lodged on 20.04.2021. Therefore, applicant has been able to make out an extraordinary circumstances in the light of the judgment of Five Judges Bench of this Court in case of Ankit Bharti Vs. State of U.P. and another; 2020 (3) ADJ 165 (F.B.)., by directly approaching this Court.
After hearing learned counsel for the parties and going through the record, it is evident that applicant is a beneficiary of a forged marksheet. It is a matter of investigation as to whether applicant had actually appeared in the examination conducted by the university and had obtained a genuine marksheet or whether he is a party to the offence or is a victim of the offence, committed by certain other influential accused persons, which may include officials of the university. In view of such facts, it is necessary that applicant surrender before the Court and cooperate with the Investigating Officer, inasmuch as, the chain of beneficiary, middleman and mastermind is long and unless and until, they are all subjected to investigation for which sometimes custodial investigation may also be necessary to reach the roots of the crime, which is paralyzing the fabric of the society and also attacking on the roots of the education system, may not be exposed.
In view of such facts, there being no parity vis-a-vis case of Lokendra Pal Singh and Others, in the present case, I am of the opinion that for the present, applicant has failed to make out a case for grant of anticipatory bail, thus, application fails and is dismissed.
Order Date :- 15.6.2021
Ravi/-
