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2025 DAILYLAW 20755 (ALL)

MANJEET PATEL v. STATE OF U.P.

BAIL/5810/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67612 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5810 of 2025 Applicant :- Manjeet Patel Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Brij Bhushan Upadhyay, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Manjeet Patel, seeking enlargement on bail in Case Crime No. 07 of 2025, under Sections-318 (4), 319 (2), 336 (3), 338, 340 (2), B.N.S. and 6/10 of U.P. Public Examination Act, Police Station-Rohaniya, District-Varanasi. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.01.2025. Learned counsel for the applicant submits that a First Information Report dated 05.01.2025, was lodged by Smt. Anjana Yadav, Principal, Crimson World School Khushipur, Bhadwar, Rohaniya, Varanasi, with the allegation that one Vineet Kashyap appeared in examination as imposter of one candidate namely Anjani Pratap. During investigation, Vineet Kashyap, co-accused, has stated that the applicant is waiting for him outside the Centre. In the First Information Report it has been alleged that on enquiry from the applicant he has stated that one person has given examination on his place. Learned counsel for the applicant submits that the applicant is a genuine candidate of the examination scheduled on the date of incident. His name has been surfaced in the statement of the co-accused Vineet Kashyap. He further submits that the applicant was neither arrested on the spot nor he was giving examination of any other person. In the present case charge sheet has been filed by the Investigating Officer on 03.03.2025. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Manjeet Patel, 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. 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 :- 30.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad