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2025 DAILYLAW 15966 (ALL)

PANKAJ v. STATE OF U.P.

BAIL/4259/2025 · 2025-05-18

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83904 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4259 of 2025 Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra,Suvansit Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.04 of 2025, under Sections 318(4), 319(2) B.N.S & 7/13(3) Uttar Pradesh Public Examination (Prevention of Public Unfair Means) Act, 2024, P.S. Mahavan, District Mathura during pendency of the trial. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Allegation against the applicant is that the applicant was appearing on behalf of the candidates in National Testing Agency Allahabad High Court Examination. Learned counsel for the applicant next submitted that the offence is triable by Magistrate. He next submitted that co-accused, Yaswant Singh, is said to have appeared in said examination in place of Rajbharati and told his name wrongly as Vinod Singh at that time, has been granted bail by the Co-ordinate Bench of this Court, vide order dated 01.04.2025 passed in Criminal Misc. Bail Application No.4319 of 2025. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 05.01.2025 and in case he is enlarged on bail he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Pankaj, who is involved in the 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad