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2025 DAILYLAW 133325 (ALL)

SHIVAM YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3096/2025 · 2025-04-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20547 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3096 of 2025 Applicant :- Shivam Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jai Narayan Pandey,Aprajita Tiwari,Sweta Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. First Bail Application has been filed with regard to Case Crime No. 50/2024, under Sections 419/420/467/468/471/120B IPC and Section 3/9 of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, Police Station Kotwali Ayodhya, District - Ayodhya. 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 student. 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 has no criminal antecedents. The applicants are languishing in jail since 17.03.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he 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 applicant. 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 applicant is languishing in jail since 17.03.2025 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 applicant on bail. Accordingly, the bail application is allowed. Let applicants Shivam Yadav and Arpit Verma involved in aforesaid case crime 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 shall file an undertaking to the effect that he/she 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. (ii) 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/her under Section 229-A of the Indian Penal Code. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. Order Date :- 11.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench