GAURAV ADITYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/12610/2025 · 2025-12-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184617 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184617 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12610 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. The submission of learned counsel for the applicant is that the applicant is named in the FIR. Except for a driving licence, an ATM card, and a mobile phone, nothing was recovered from the possession of the applicant. There is no other recovery attributable to the applicant. The co-accused, Sudhanshu Kumar, from whom a substantial recovery was made, has been granted bail by a Co-ordinate Bench of this Court vide order dated 20.11.2025 passed in Criminal Misc. Bail Application No. 11345 of 2025. The other co-accused, namely Harsh Joshi, Mukesh Kumar, and Rajiv Nayan Pandey, who were arrested from the spot, have also been enlarged on bail by this Court vide orders dated 05.12.2025, 05.12.2025, and 12.12.2025, respectively. Copies of the said bail orders, as produced by learned counsel for the applicant, are taken on record. It is further submitted that, according to the prosecution case, some impersonator was appearing in the examination on behalf of the applicant. The applicant himself was not arrested from the spot, and no incriminating material has been recovered from him. The applicant has been falsely implicated in the present case. Learned counsel for the applicant further submits that the case of the applicant stands on a better footing than that of the co-accused Harsh Joshi, Mukesh Kumar, and Rajiv Nayan Pandey, who were arrested from the spot. Versus Counsel for Applicant(s) : Manish Bajpai Counsel for Opposite Party(s) : G.A. Gaurav Aditya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
The applicant has no criminal antecedents. It has been further submitted that applicant is in jail since 07.10.2025 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.
On due consideration of facts that the applicant having no criminal history has been languishing in jail since 07.10.2025, he was not arrested from spot, nothing incriminating material appears to have been recovered from the applicant and bail orders of the co-accused named above, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Gaurav Aditya, involved in Case Crime No. 290 of 2025 under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) BNS, & 3, 10 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, P.S.-Bijnor, District-Lucknow, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Vinay/- BAIL No. 12610 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench