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2025 DAILYLAW 26798 (ALL)

SUCHIT KUMAR v. STATE OF U.P.

BAIL/8066/2025 · 2025-03-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33149 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8066 of 2025 Applicant :- Suchit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ved Prakash Mishra, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Suchit Kumar, seeking enlargement on bail in Case Crime No. 123 of 2024, under Sections-419, 420, 467, 468, 471, 120B & 511 I.P.C. & 3/9 of Uttar pradesh Public Examination (Prevention of Unfair Means) Act, 1998, Police Station-Civil Line, District-Moradabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 11.02.2025. Applicant was not named in the First Information Report. Neither the applicant was participated in the alleged examination nor he was arrested from the spot. His name has been surfaced in the statement of co-accused namely Avnish Kumar. Co- accused Avnish Kumar and Abhishek Kumar, have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 18185 of 2024 and 14463 of 2024, vide orders dated 23.05.2025 and 16.04.2024. Criminal history of one case, against the applicant, has been explained in paragraph no. 16 of the affidavit filed in support of bail application 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, but could not dispute the fact that no specific role has been assigned to the applicant. Considering all those 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, Suchit Kumar, 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 :- 7.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad