Shivani Gadhavi-
Published On: December 23, 2021 at 16:05 IST
Allahabad High Court rejected the second application for Anticipatory Bail of one Hemant Kumar, who submitted forged documents regarding his Bachelor of Education (BEd) marksheet and his degree in order to get a job. The High Court stated that, Anticipatory Bail should be used only for special cases.
The Case pertains to a First Information Report (FIR) that was registered against the Accused/Bail Applicant in Mathura District’s Manth Police Station. The FIR was lodged under Section 420 (Cheating) and other relevant sections of the Indian Penal Code. It was found that the Applicant allegedly obtained a forged marksheet from Agra University, which stated that he has qualified the BEd examination of 2004-2005.
Justice Samit Gopal of the Allahabad High Court stated, “By the act of the applicant of seeking appointment on the basis of a forged marksheet/degree, one deserving candidate has lost his seat and chance of appointment and it may be a lifelong loss for many reasons like crossing the age of prescribed age and many other factors.”
The High Court pointed out, “The case prima facie indicates involvement of the applicant in the offence-in-question as he was the beneficiary by making the use of the forged marksheet/degree. The applicant has not established any special circumstance. No reason is found to falsely implicate the present applicant.”
The High Court had earlier rejected the first Anticipatory Bail application of the applicant regarding which the Court stated, “…looking into the gravity of the offence, nature of offence and the legal position enumerated above, this court is of the view that the anticipatory bail has no merit and is liable to be rejected.”