Neutral Citation No. - 2025:AHC:84607 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7841 of 2025 Applicant :- Shravan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Santosh Kumar Rai, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination Act, 1998, Police Station Kotwali, District Ghazipur. 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 07.01.2025. Learned counsel for the applicant submits that FIR against the applicant has been lodged for the offences punishable under Section 6/10 of U.P. Public Examination Act, 1998. The said U.P. Public Examination Act, 1998 stands superseded by the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and came into force with effect from 15th day of July, 2024. The incident is stated to have been taken place on 06/07.01.2025 and FIR has been lodged on 07.01.2025. Once, the U.P. Public Examination Act, 1998 stands superseded, a proceedings under the repealed act could not be initiated against the applicant. 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 but could not dispute the submissions raised by learned counsel for the applicant. Considering all above facts and circumstances, particularly FIR has been lodged against the applicant under repealed Act, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shravan Yadav, 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. Time and again, it has been brought to the notice of this Court that FIRs are being lodged under the repealed Acts hampering prosecution. The Registrar (Compliance) of this Court is directed to send the copy of this order to the Director General of Police and Director General (Prosecution) for information and necessary action at their end, so that such glaring mistakes are avoided. Order Date :- 20.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad