HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10317 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 6 September, at about 10 A.M, during P.E.T Examination 2025, the applicant has been caught giving examination in place of the real candidate i.e. Digree Chandra Yadav, bearing Roll No. 11351811, on the basis of fake I.D in Room No. 4, he was caught by incharge flying team and biometric incharge. 3. Learned counsel for the applicant submits that the prosecution case is malicious and the candidate namely Digree Chandra Yadav, who was the real beneficiary, has not been made the accused by the Investigating Officer. This fact itself smokes malafide on the prosecuting agency. The applicant is a student aged about 21 years, and he has no criminal antecedents and is languishing in jail since 07.09.2025. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail and has submitted that the investigation is going on, however, she submits that since the Versus Counsel for Applicant(s) : Ramakar Shukla, Shailendra Kumar Tiwari Counsel for Opposite Party(s): G.A. Rakesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) chargesheet has not been filed, if the complicity of Digree Chandra Yadav is found, he shall also be chargesheeted. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties; the fact that the real beneficiary i.e. Digree Chandra Yadav has not been made the accused by the prosecuting agency for the reasons known to them, as also the period for which the applicant is in jail i.e. since 07.09.2025; as also the fact that the applicant has no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rakesh Kumar, involved in Case Crime/FIR No. 169 of 2025, Under Sections- 318(4), 319(2), 336(3), 340(2), 61(2) B.N.S and Section 11/13(5) of U.P Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Gomti Nagar Vistar, District- Lucknow, 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 with the following conditions which are being imposed in the interest of justice:- (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 BAIL No. 10317 of 2025 2 date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 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 174-A IPC (now Section 209 of BNS). 9. 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. 10. The Police Commissioner, Lucknow is directed to personally monitor the investigation. Let the copy of this order be sent to the Police Commissionerate, Lucknow. November 14, 2025 DiVYa BAIL No. 10317 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench