ADITYA MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5912/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143875 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143875 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37215 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5912 of 2025 Applicant :- Aditya Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.911 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) BNS and Section 6/10 of U.P. Sarvajanik Pariksha Adhiniyam, P.S. Kotwali Nagar, District Sultanpur. In the prosecution case it is alleged that one Gaurav Kumar Singh by impersonating the applicant was giving CTET December, 2024 Examination who was caught by the technical team and in his confessional statement he has alleged that he was giving examination in place of the applicant Aditya Mishra in lieu of Rs.60,000/-.
Learned counsel for applicant submits that applicant is innocent and has falsely been implicated in this case. There is no criminal history of the applicant. Nothing has been recovered from the applicant. The charge-sheet has already been filed. He has been made accused on the basis of confessional statement of the co-accused. He submits that the applicant is in jail since
03.03.2025. Learned counsel for the applicant undertakes that applicant will cooperate in the trial. It is lastly submitted that charge-sheet has already been filed in this case.
Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 03.03.2025 having no criminal history, charge-sheet has already been filed and the applicant has undertaken to cooperate in the trial and without expressing any opinion on 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 Aditya Mishra be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 269 of BNS.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 BNS.
Order Date :- 2.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench