JUDGMENT :

SAMIT GOPAL, J.

1. The present bail application under Section 439 of the Code of Criminal Procedure purports to have been filed on behalf of the applicants Kamlesh Yadav and Rajesh Chauhan in Case Crime No. 104 of 2020, under Sections 328, 302 IPC, Police Station Bahariyabad, District Ghazipur who are stated to be in jail since 09.04.2021.

2. Sri Abhishek Kumar, Advocate (Advocate Roll No. A/A-0060/2012) has appeared in the matter.

3. No one appears on behalf of the applicants to press this bail application even when the matter has been taken up in the revised list.

4. Sri B.B. Upadhyay, learned Additional Government Advocate for the State is present.

5. Sri Amit Srivastava, Advocate appears on behalf of Saurabh Singh Chauhan the purported deponent of the present bail application.

6. The present bail application is an example of a mischievous filing of a case before a Court of law by fictitious person(s).

7. This matter was initially taken up on 26.07.2021 and the following order was passed by this Court:-

“Matter taken up in the revised list.

No one appears on behalf of the applicants to press this bail application. Sri Sanjay Singh, learned A.G.A. is present for the State.

Sri Abhishek Kumar, Advocate has appeared in this matter and informed the court that although he is not a counsel in the present matter but the present bail application has been shown to be filed by Sri Aditya Narayan Singh Advocate having Roll No. A/A-0132/12 and Sri Rajesh Chandra Tiwari having Advocate Roll No. A/R-1202/12 and states that same is a mischief by some one as Sri Aditya Narayan Singh has expired around two years back and as per the Advocate Roll No. A/R-1202/12 the same is some one else and not of Sri Rajesh Chandra Tiwari.

Stamp Reporter has reported that the certified copy of first information report and free copy of bail rejection order is required.

From perusal of bail application it is apparent that the mobile number of Sri Aditya Narayan Singh Advocate as mentioned has 11 digits which is not possible even the memo of appearance/parcha has filed with the bail application is hand written parcha which has the same details as have been mentioned in the bail application.

Registrar General of this Court is directed to give a report regarding the details of both the counsels as printed in the bail application within three days from today.

Let the matter be listed on 30.07.2021 as fresh.”

8. The Registrar General of this Court gave a report dated 29.07.2021 which reads as under:-

“…………….

In compliance to the above directions, the details regarding above mentioned Advocates-on-Roll nos. A/A0132/12 and A/R1202/12 have been sought from the AOR Section and in response, AOR Section has submitted three pages in which following details are mentioned:

1. Roll no. A/A0132/2012 (Flag-‘B’) is assigned on the name of Aditya Narayan Singh, S/o Udai Narayan Singh, Chamber No. 118 and Mobile No. 9450611089. The office peon went to the above Chamber No. 118 where Sri Anil Kumar Aditya (A/A0745/2012 s/o Sri Aditya Narayan Singh, Advocate found. Sri Anil Kumar Aditya came in may chamber and informed me that his father Sri Aditya Narayan Singh had died on 16.05.2014 and submitted his father’s death certificate (Flag-‘C’).

2. Roll No. A/R1202/2012 (Flag-‘D’) is assigned on the name of Ravi Tiwari S/o Madhu Sudan Tiwari, Chamber No. 17 and Mobile No. 9335113219. I personally called on the Mobile No. 9335113219 and asked him about this Bail Application. Sri Ravi Tiwari came in my chamber and informed me that he has not submitted any Bail Application in this matter.

On page no. 75 of this Bail Application, the name of two Advocates are mentioned. The Name, AOR No., Chamber no. and Mobile no. of the one advocate is mentioned as Sri Aditya Narayan Singh, A/A0132/2012, 111 and 94450611089, respectively and the Name, AOR No and Chamber no. of another advocate is mentioned as Rajesh Chandra Tiwari, A/R1202/2012 and 111.

Page No. 04 of this Bail Application is having same name o