ASHWANI KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
BAIL/656/2025 · 2025-01-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115090 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115090 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4348 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 656 of 2025 Applicant :- Ashwani Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Jai Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the accused on the basis of forged certificates have appeared in the counseling of 2023 and have taken admission in the session 2023-24 in the College of Nursing in Rajarshi Dasharath Autonomous State Medical College Ayodhya.
Learned counsel for the applicants submits that the applicants are students. Role assigned to the applicants is similar to that of co-accused Sachin Rajvanshi who has been enlarged on bail by this Court vide order dated 01.08.2024. Offences are triable by magistrate. The applicants have no criminal antecedents. The applicants are languishing in jail since 06.12.2024. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. On due consideration to the order of co-accused Sachin Rajvanshi, so also the fact that offences are triable by magistrate, coupled with the fact that the applicants are languishing in jail since 06.12.2024 without having any criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants Ashwani Kumar, Ayush Kumar Gupta,
Anchal Patel, Kishan Kumar Soni and Vedant Kumar involved in Case Crime No. 50/2024, under Sections 419/420/467/468/120B IPC and Section 3/9 of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, Police Station - Kotwali Ayodhya, District - Ayodhya, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 23.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench