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2025 DAILYLAW 107573 (ALL)

ARVIND KUMAR v. STATE OF U.P.

BAIL/43226/2024 · 2025-01-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13886 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43226 of 2024 Applicant :- Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Kumar Patil Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vishnu Kumar Patil, learned counsel for the applicant, Sri Pankaj Kumar, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Arvind Kumar, seeking enlargement on bail in Case Crime No. 183 of 2024, under Sections 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination (Prevention of Unfair Means), Act, Police Station- Naseerpur, District- Firozabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.09.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that allegation against the applicant is that the applicant doctored his documents by changing his name (from Arvind Kumar to Narendra Kumar) and date of birth (from 19.10.1997 to 18.03.2001) for reappearing at the examination of Army and U.P. Police as he was overage as per his previous date of birth. He further submits that the applicant did not appear in the examination as he was already apprehended by the police party hence no offence is made out. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Arvind Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad