Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135343 (ALL)

BANWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO

BAIL/3372/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:44079 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3372 of 2025 Applicant :- Banwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko Counsel for Applicant :- Hari Govind Dubey,Gyanendra Kumar Sahu,Radhey Govind Dubey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the applicant has appeared in the Group-D recruitment examination of the High Court Prayagraj as impostor in place of one Somendra Singh. Learned counsel for the applicant submits that the applicant is innocent. The alleged recovery of Aadhar card, admit card etc. is false. It is further submitted that the alleged offences are triable by a Magistrate. The applicant has no criminal history and he is languishing in jail since 10.3.2025. 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 submissions advanced, perusal of the record so also the fact that the alleged offences are triable by a Magistrate; the applicant has no criminal history; he is languishing in jail since 10.3.2025 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 the applicant- Banwari involved in Case Crime No. 47 of 2025, under Sections 316(2), 318(4), 319(2) of B.N.S. & Section 11/13(5) of U.P. Public Examination Act, Police Station- Gomti Nagar Vistar, District- Lucknow, 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 applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant 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 applicant 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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, in accordance with law, under Section 209 of B.N.S. Order Date :- 30.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench