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2025 DAILYLAW 33763 (ALL)

PANKAJ KUMAR SINGH v. STATE OF U.P.

BAIL/10366/2025 · 2025-09-03

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10366 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Pankaj Kumar Singh, who is involved in Case Crime No. 149 of 2024, under Sections 419, 420, 467, 468, 471 IPC and Section 6/10 U.P. Sarvajanik Pariksha Adhiniyam, police station Bansdih Road, district Ballia, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is Centre Incharge, got an F.I.R. lodged on 09.06.2024 against the applicant and co-accused Dilip Kumar Singh alleging inter alia that co-accused Dilip Kumar Singh was apprehended by him while he was appearing in B.Ed. Entrance Examination, 2024-26 in place of the applicant Pankaj Kumar Singh. It is argued by learned counsel for the applicant that the applicant, who is aged about 40 years, has been falsely implicated in this case. He has retired from Indian Air Force on 31.01.2024. Thereafter, he got enrolled himself in the Bar Council of Uttar Pradesh bearing registration no. 10132 of 2024. The applicant has neither applied for B.Ed. Entrance Examination nor has any knowledge about the same, even he did not receive any message on his mobile no. 8447092692. It is also pointed out that case of the applicant stands on identical Versus Counsel for Applicant(s) : Raj Kumar Singh, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Pankaj Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) footing to that of co-accused Dilip Kumar Singh, who has been granted bail by this Court vide order dated 23.07.2025 in Criminal Misc. Bail Application No. 38993 of 2024 and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal antecedent to his credit. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.10.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Dilip Kumar Singh under similar accusation has been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Pankaj Kumar Singh be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. BAIL No. 10366 of 2025 2 (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 4, 2025 Shubham BAIL No. 10366 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad