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2025 DAILYLAW 153607 (ALL)

Ramesh Saroj v. State of U.P. and another

NABAIL/900/2025 · 2025-08-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44732 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 900 of 2025 Applicant :- Ramesh Saroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayush Gupta,Avinash Pandey 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-respondent. The present anticipatory bail application has been filed seeking protection in Case Crime No. 12 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340 BNS and Section 6/10 of U.P. Public Examinations (Prevention of Unfair Means) Act, P.S. Kotwali Nagar, District Sultanpur. In the prosecution case it is alleged that on 05.01.2025 at centre P.M. Shri K.V. Amhat, Kotwali Nagar, District Sultanpur in NTA Group-D exam one Awadh Bihari Pandey was giving exam in place of applicant. The technical team found that his bio-mertic is mismatched and after some inquiry he was apprehended. He admitted that Rs.15,000/- were given to him by the applicant. Learned counsel for the applicant submits that the first anticipatory bail application of the applicant was rejected by a Co-ordinate Bench of this Court vide order dated 23.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.509 of 2025 on the basis of incorrect facts that applicant was caught red handed while taking examination impersonating the actual examinee whereas perusal of F.I.R. shows that applicant was not even present on the examination centre. Applicant has no criminal history. Nothing has been recovered from the applicant. Perused the record. A perusal of the record shows that co-accused Awadh Bihari Pandey who was caught on the spot along with identity-cards of the applicant has stated that he was giving exam in place of Ramesh Saroj, the present applicant hence, there is no reason for this Court to believe the fact that applicant has been falsely implicated or has been implicated only to injure his reputation, prima facie the complicity of the applicant is evident, no case for anticipatory bail is made out. The anticipatory bail application is rejected. Order Date :- 1.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench