Allahabad High Court
ROHIT @ JAIHINDversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
In the absence of direct evidence and given the applicant’s clean record, anticipatory bail under Section 482 CrPC was appropriately granted.
Summary
The High Court considered an anticipatory bail application filed by Rohit @ Jaihind under Section 482 of the Criminal Procedure Code in connection with a FIR alleging his involvement in a gang that promised government jobs for money. The applicant’s name appeared only in the confessional statements of co‑accused Ashraf Ali and Vivek, and no direct evidence linked him to the alleged offences. The State argued that several complainants had alleged financial loss due to the gang, but did not dispute the applicant’s clean criminal record. The Court observed that government jobs cannot be obtained by payment, there was no direct evidence against the applicant, and he had no prior convictions. Consequently, the Court granted anticipatory bail with standard conditions, emphasizing that the order was limited to the bail application and not an opinion on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC when the applicant is implicated only through co‑accused statements and lacks direct evidence.
- Whether the allegations of a job‑scam conspiracy justify arrest of the applicant.
- Whether the applicant’s clean criminal record and absence of direct evidence warrant the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 318, 336, 338, 340, 61
Subjects
- anticipatory bail
- Section 482 CrPC
- false FIR
- government job scam
- no criminal antecedents
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8559 of 2026
Rohit @ Jaihind
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Rathor
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.130 of 2026, under Sections 318(4), 338,
340(2), 336(3), 61(2) BNS, P.S.- Dilari, District- Moradabad, with a
prayer to enlarge him on anticipatory bail as the applicant apprehends his
arrest in the above-mentioned case.
3. Learned counsel for the applicant contends that although the applicant
is named in the FIR, his name has surfaced in the confessional statement
of co-accused Ashraf Ali and Vivek, who have been arrested by the
police.The allegation is of the applicant being a member of a gang which
entices people with promises of getting them government jobs and used to
cheat people by making fake ID cards and fake joining letters. Learned
counsel for the applicant states that government jobs cannot be obtained
on payment of money. The allegations made in the FIR appear to be
false.The police has lodged the FIR on an application given by a Sub
Inspector of Police. There is no complainant who came forward seeking
police intervention. The applicant has no criminal antecedents.
NABAIL No. 8559 of 2026
2
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail and has contended that during investigation many people have come
forward and have complained that the co-accused Ashraf Ali and Vivek
have cheated them out of huge sums of money on the promise of getting
them government jobs. Learned A.G.A., however, has not disputed the
claim of the applicant that he has no criminal antecedents.
5. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
6. Except the confessional statement of the co-accused, at present there
does not appear to be any direct evidence of the applicant taking money
for the purpose of securing government jobs. Even otherwise, it is a
matter of fact that government jobs cannot be obtained on payment of
money.There does not appear to be any police action against the persons
complaining of having paid money to secure such government jobs,
which in itself is an admission of trying to secure jobs by unlawful means.
The applicant has no criminal antecedents.
7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant
is allowed.
9. In the event of the arrest of the applicant Rohit @ Jaihind, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on
furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-
NABAIL No. 8559 of 2026
3
i. the applicant shall make himself available for interrogation by a police
officer as and when required;
ii. that the applicant 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 him from disclosing such facts to the Court or to any police
officer;
iii. that the applicant shall not leave India without the previous permission
of the Court;
iv. that the applicant shall not pressurize/intimidate the prosecution
witness;
10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
September 8, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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