ASHISH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material brought on record.

(2.) It is submitted on behalf of the applicant that applicant is an innocent and the present F.I.R. has been lodged on false and frivolous facts on the basis of general allegation and no specific role has been assigned to the applicant nor it has been specified as to in what manner the applicant got his mark sheet forged. Such type of allegation made in the report of S.I.T. that there were more than 3500 fake mark sheets and about 1000 tampered mark sheets, cannot be the basis of lodging of F.I.R. against the applicant. The applicant has completed his service as Assistant Teacher for more than a decade. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is also submitted that several similarly situate persons have been granted anticipatory bail by different Benches of this Court. (Bail orders granted by different Benches of this Court to similarly situate persons have been attached to the affidavit filed in support of instant Anticipatory Bail Application). The applicant has not committed any offence as alleged. The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to his credit.

(3.) Learned A.G.A. opposed the prayer for anticipatory bail and has not disputed the fact that several similarly situate perons have been granted anticipatory bail.