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Neutral Citation No. - 2025:AHC:130497 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5634 of 2025 Applicant :- Hemant Yadav Opposite Party :- State of U.P. Hon'ble Avnish Saxena,J.
1. Learned A.G.A. has filed counter affidavit today. The same is taken on record.
2. Sri Sarvesh Kumar Dubey, learned counsel for the applicant has filed rejoinder affidavit today in the court, which is taken on record.
3. The present bail application has been moved by the applicant- accused Hemant Yadav for the offence punishable under Sections 318(4), 338, 336(3), 340(2) B.N.S. & Section 7/13 U.P. Public Examination (Prevention of Unfair Means) Act in Case Crime No.15 of 2025, Police Station- Tajganj, District Agra.
4. Sri Sarvesh Kumar, learned advocate appeared for the applicant and submits that the accused applicant has falsely been implicated in the case by the Principal of the School from where the applicant has been apprehended on giving examination by impersonating. He is student and languishing in jail since last six months. As such, he prays that the accused/applicant be enlarged on bail.
5. Per contra, learned A.G.A. has opposed the bail application and submits that the accused applicant has no criminal history. He is in jail since January, 2025.
6. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.
7. The perusal of the record prima facie reveals that the charge sheet has been submitted. The accused is in jail since January,
2025. The matter is pertaining to impersonation in respect to giving examination on behalf of other.
8. Hence, without touching merit of the case, the bail application is allowed.
9. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].
10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 4.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad