Court says mere return of law degree as “unverified” does not by itself prove forgery; holds custodial interrogation unnecessary at this stage.
The Allahabad High Court has granted anticipatory bail to advocate Gaurang Brijvasi in a case alleging use of a forged law degree, observing that a document being returned as “unverified” during verification does not automatically establish that it is forged.
Justice Rajiv Lochan Shukla passed the order in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 9743 of 2026, arising out of Case Crime No. 368 of 2026, registered at Civil Lines Police Station in Prayagraj. The case was lodged under Sections 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
According to the Bar Council of Uttar Pradesh, the applicant’s law degree had been sent for verification in connection with renewal of his Certificate of Practice, but was returned as “unverified.” The FIR was then lodged following directions issued by the High Court in an earlier matter, Mohammad Kafil v. State of U.P.
The applicant’s counsel argued that a mere failure of verification cannot lead to an automatic conclusion that the degree is forged. The High Court accepted this submission at the prima facie stage, noting that the investigation was still underway and that there was no definitive response from the concerned university confirming forgery or explaining why the degree was marked unverified.
The Court also noted that the matter appeared to rest on documentary evidence and that custodial interrogation was not necessary. It further took into account that the applicant had no criminal antecedents and claimed not to be in active practice anymore.
Finding a case for relief, the Court allowed the anticipatory bail application and directed that in the event of arrest, the applicant be released on anticipatory bail till submission of the police report, subject to furnishing a personal bond and surety to the satisfaction of the Station House Officer or the concerned court.
The Court imposed standard conditions, including that the applicant must cooperate with interrogation when required, must not induce or threaten witnesses, must not leave India without permission of the court, and must not pressurize or intimidate prosecution witnesses. It also clarified that any breach of these conditions would allow the trial court to cancel the bail.
The High Court made it clear that its observations were only for the purpose of deciding the anticipatory bail plea and would not affect the merits of the criminal case.
Bottom Line :
Anticipatory bail - Allegation regarding forged law degree - Mere return of degree as "unverified" at the stage of verification does not automatically establish forgery - In absence of definitive reply from University and where case rests on documentary evidence, custodial interrogation not required - Anticipatory bail granted till submission of police report.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 338, 336(3), 340(2)
Gaurang Brijvasi v. State of U.P., (Allahabad) : Law Finder Doc id # 2983412
