Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 16491 (ALL)

AJEET v. STATE OF U.P.

BAIL/4242/2025 · 2025-05-11

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:78191 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4242 of 2025 Applicant :- Ajeet Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Rajiv Sisodia, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Ajeet, seeking enlargement on bail in Case Crime No. 08 of 2025, under Sections 318 (4), 319 (2), 336 (3), 340 (2) BNS and Section 7/13 (3) U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Sadar Bazar, District Mathura. 3. The allegation made in the FIR is that the applicant was appearing on behalf of the candidates in National Testing Agency Allahabad High Court Examination. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 05.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the alleged PAN Card was recovered from the possession of the applicant on 05.01.2025, but recovery memo of the said PAN Card was prepared on 06.01.2025 and it is admitted case that the applicant could not produce admit card at the time of lodging the FIR. It is submitted that on the admit card, there was photo of original candidate and merely on the basis of recovery of alleged PAN Card, applicant has been made accused in the present case. It is next submitted that the applicant has not prepared fake documents and he is government servant and at present, he is posted as constable in District Jail Baghpat and he is responsible person and he has not committed such offence as alleged in the FIR. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ajeet, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 12.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad