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Judgment
Manish Mathur, J
Heard learned counsel for applicants, learned Additional Government Advocate appearing on behalf of State and perused the record. In view of order being passed, notices to opposite party no.2 stand dispensed with.
First bail application has been filed with regard to Case Crime No.79 of 2021 under Sections 420, 467, 468, & 471 I.PC., P.S. Ghazipur, District Lucknow.
As per contents of first information report, the applicants along with co-accused have allegedly submitted fabricated certificates for the purposes of registration as a Pharmacist.
It has been submitted by learned counsel for applicants that first information report has been lodged without verification and scrutinizing all the relevant documents.
Further submission of learned counsel for applicants is that the case of the applicants is at par with that of co-accused namely, Jafar Ali, Arvind Kumar Chaurasiya, Mohd. Nadeem Khan, Abhishek Kumar Agarwal, Ankit Kumar Agarwal, Sanjay Kumar Chaudhary, Mohan Singh, Abhishek Saxena, Vikram Singh, Akash Kumar Ray and Sandeep Singh and Dhruv Raj Singh who have been granted anticipatory bail by this Court vide orders dated 5.8.2024, 29.2.2024, 6.8.2024, 2.9.2024, 5.9.2024, 1.10.2024,12.11.2024,22.7.2024,22.10.2024, 22.10.2024, 24.10.2024 and 3.1.2025 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. numbered - 1737 of 2024, 424 of 2024, 1746 of 2024, 1992 of 2024, 2042 of 2024, 2265 of 2024, 2506 of 2024, 1600 of 2024, 2494 of 2024, 2495 of 2024, 2430 of 2024 and 2792 of 2024 respectively and as such he claims parity.
It is submitted that for the last three years the investigation of the case is going on and the applicants are cooperating in the investigation. However, the same is at the concluding stage and the investigating officer by misinterpreting Section 170 of the Cr.P.C. is making all out efforts to apprehend/arrest of the applicants. Applicants are ready to cooperate in the investigation and would remain present before the investigating officer as and when their presence would be required.
Learned A.G.A. on the other hand submits that having regard to the manner in which the offence has been committed, the applicants are not entitled for any protection but does not dispute the factual aspects of the matter.
Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that first information report has been lodged against various persons on the same allegations of submitting forged documents. Co-accused persons have already been enlarged on bail as indicated herein above.
Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicants.
In result, the anticipatory bail application moved by applicants- Ashok Kumar Verma, Vinay Kumar, Jayprakash Vishwakarma, Pranjal Singh, Akhilesh and Ramlakhan Yadav is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicants in above-mentioned case,they shall be released forthwith on anticipatory bail on each of them furnishing a personal bond of Rs. 50,000/- and two sureties in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:-
(1) The applicants shall make themselves available for interrogation or even for discovery of any fact by a police officer as and when required;
(2) The applicants 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 them from disclosing such facts to the Court or to any police officer;
(3) The applicants shall not leave the country without the previous permission of the Court.
In case of default of any condition, the investigating officer may approach this Court for cancellation/modification of this order.