Prayagraj: Dismissing the second anticipatory bail plea of a person who allegedly used forged B.Ed marksheet/degree to obtain employment, the Allahabad High Court has observed that “anticipatory bail is an extraordinary measure, only in a particular case. That is what should be resorted to. ,
Rejecting the anticipatory bail of Hemant Kumar alias Hemant Kumar Saraswat, Justice Samit Gopal took serious note of the allegations leveled against the applicant and observed, “By the act of seeking appointment on the basis of forged mark sheet/degree by the applicant, a qualified Candidate has lost his/her seat and chance of appointment and it can be lifelong loss due to many reasons like crossing the prescribed age bracket and many other factors.
FIR has been registered against the applicant Manto Police Station SDR, Mathura District under section 420 (cheating) and other sections of the Indian penal code (Indian Penal Code), alleging that the applicant is a beneficiary of the forged mark sheet which he had allegedly obtained Agra University, indicating that he/she has passed the B.Ed examination in the academic session 2004-05.
Dismissing the anticipatory bail plea, the court said “the matter” Prima facie Being a beneficiary by using forged mark sheet/degree indicates the involvement of the applicant in the offense under consideration. The applicant has not established any special circumstances. No reason is found to falsely implicate the present applicant.”
The court also dismissed the grounds of similarity raised by the applicant, saying, “As regards the orders of other persons who have been granted anticipatory bail/interim anticipatory bail, they are not binding on this court.”
Referring to the rejection of the first anticipatory bail by the High Court, the court in its order dated 21 December further observed, “While rejecting the first anticipatory bail application, the court was of the opinion that during the course of the investigation, even— Sometimes, taken into custody. While interrogation may be necessary to get to the root of the crime, it cannot be ignored. Therefore, considering the gravity of the offence, the nature of the offense and the legal position stated above, this Court is of the view that the anticipatory bail application has no merit and is liable to be dismissed.”
Rejecting the anticipatory bail of Hemant Kumar alias Hemant Kumar Saraswat, Justice Samit Gopal took serious note of the allegations leveled against the applicant and observed, “By the act of seeking appointment on the basis of forged mark sheet/degree by the applicant, a qualified Candidate has lost his/her seat and chance of appointment and it can be lifelong loss due to many reasons like crossing the prescribed age bracket and many other factors.
FIR has been registered against the applicant Manto Police Station SDR, Mathura District under section 420 (cheating) and other sections of the Indian penal code (Indian Penal Code), alleging that the applicant is a beneficiary of the forged mark sheet which he had allegedly obtained Agra University, indicating that he/she has passed the B.Ed examination in the academic session 2004-05.
Dismissing the anticipatory bail plea, the court said “the matter” Prima facie Being a beneficiary by using forged mark sheet/degree indicates the involvement of the applicant in the offense under consideration. The applicant has not established any special circumstances. No reason is found to falsely implicate the present applicant.”
The court also dismissed the grounds of similarity raised by the applicant, saying, “As regards the orders of other persons who have been granted anticipatory bail/interim anticipatory bail, they are not binding on this court.”
Referring to the rejection of the first anticipatory bail by the High Court, the court in its order dated 21 December further observed, “While rejecting the first anticipatory bail application, the court was of the opinion that during the course of the investigation, even— Sometimes, taken into custody. While interrogation may be necessary to get to the root of the crime, it cannot be ignored. Therefore, considering the gravity of the offence, the nature of the offense and the legal position stated above, this Court is of the view that the anticipatory bail application has no merit and is liable to be dismissed.”
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