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2025 DAILYLAW 106776 (ALL)

AMIT GOND v. STATE OF U.P.

BAIL/42616/2024 · 2025-10-05

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42616 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant is named in the F.I.R. along with one other accused. The allegation against the applicant is that he applied for the post of Class IV employee in the Civil Court, Azamgarh and he was selected and called after verification. His photograph pasted on the applicant matched with him but his photograph pasted on the application form did not match with his photograph available on the DECP Portal. Learned counsel further submits that false and frivolous allegation has been made against the applicant. The committee has taken a written statement of the applicant in which it has been alleged that some other person had appeared in the written examination in place of the applicant, but such confessional statement is not admissible under the law. There is no other evidence on record to suggest that some other person had appeared in the written examination in place of applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 29.08.2024, with no previous criminal history into his credit. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be Versus Counsel for Applicant(s) : Ashish Kumar Singh, Chandra Kumar Rai Counsel for Opposite Party(s) : G.A. Amit Gond .....Applicant(s) State of U.P. .....Opposite Party(s) adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Amit Gond, be enlarged on bail in Case Crime No. 554 2023, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station- Kotwali, District- Azamgarh, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 6, 2025 Mustaqeem. BAIL No. 42616 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad