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2025 DAILYLAW 35500 (ALL)

YASHWANT SINGH v. STATE OF U.P.

BAIL/11340/2025 · 2025-04-07

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53961 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11340 of 2025 Applicant :- Yashwant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Shivam Yadav, learned counsel for the applicant, Shri Ajay 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, Yashwant Singh, seeking enlargement on bail in Case Crime No. 69 of 2025, under Sections 61 (2) (a), 338, 336, 340 (2) of the Bharatiya Nyaya Sanhita, 2023, Section 7, 13 (3), 8, 9, 13 (4) of U.P. Public Examination (Prevention of Unfair Means) Act, 2024, Police Station Mauaema, District Prayagraj. 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 7.3.2025. Learned counsel for the applicant submits that applicant is a government teacher and posted at Anglo Bengali Intermediate College with the direction of U.P. Board Secretariat and deputed to look after the work as Centre Incharge over the aforesaid centre. Learned counsel for the applicant submits that under the standard instructions issued by the U.P. Board Secretariat applicant was required to remain present and supervise the opening of the questions papers and answer sheet in front of him and he was further directed to made endorsement over it. Nothing incriminating with regard to cheating was recovered from the possession of 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. 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, Yashwant Singh, 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 :- 8.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad