Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18856 of 2021 Applicant :- Prateek Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kamal Kishor Mishra, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Prateek Kumar Singh, seeking anticipatory bail, in the event of arrest in Case Crime No. 31 of 2021, under Sections 419, 420, 467, 468, 471 IPC and 66-D of I.T. Act, Police Station Raamgarh Taal, District Gorakhpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation in the present case is that in place of the applicant, there was some other person who was giving examination on the basis of the documents which were issued for the applicant, is false and a vague allegation. It is argued that the applicant is a student and is having no criminal history as stated in para 18 of the affidavit in support of the anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that in the examination of CTET, the field unit of STF has arrested Yatindra Kumar Singh who was impersonating the applicant and was giving examination. The applicant would have been the beneficiary of the same.
After having heard the counsels for the parties and perusing the records, it is evident that the present case is serious in nature and no interference is called for as it is now a days an organized crime and is rampant. I do not find it a fit case for interference.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 16.12.2021 M. ARIF (Samit Gopal, J.)