Neutral Citation No. - 2025:AHC:67008 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10875 of 2025 Applicant :- Vipin Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri L. K. Bhatt, learned counsel for the applicant, Sri Ajay 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. 46 of 2025, under Sections 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11(1)(3)/13(5) of the U.P. Public Examination (Prevention of Unfair Means) Act, 2024, Police Station Mohammadabad, District Farrukhabad. Brief facts of the prosecution story are that the applicant is the Principal of Gayanand Inter College, Manikpur, Farrukhabad and the Examination Centre of his school had gone to Prem Vidyalaya Inter College, Raisopur, Farrukhabad. It is alleged that during the course of said examination held on 24.02.2025, some students of the college of the accused-applicant were caught by the Room Inspector and the Sachal Dal for appearing on behalf of the other students for solving the question paper of Hindi subject. It is alleged that Vipin Pandey and Anuj Yadav are stated to have running a Coaching Centre in the name of Maa Sarswati Coaching Centre. It is alleged that they instigated the candidates named in the FIR to appear in the examination on behalf of the real candidates. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. The applicant is languishing in jail since 26.02.2025. Learned counsel for the applicant submits that there is no material or evidence to suggest that the accused-applicant ever played and role in providing assistance to the students to get appear on behalf of the other students to solve their paper. He submits only on the basis suspicion and due to personal enmity the applicant has been dragged into this case in order to tarnish the image of his image. 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 and supported the submissions made in the bail rejection order passed by the Lower Court. I have heard learned counsel for the parties and have perused the records. The Apex Court in the case of The State of Rajasthan versus Indraj Singh etc. (Crl. Appeal No (s) .... of 2025) arising out of SLP (Crl. No. 16156-16157/2024) while rejecting the bail granted by the Rajasthan High Court in a case in which another candidate had allegedly appeared as a Dummy Candidate in place of the genuine candidate vide its order dated 7.3.2025, was pleased to observe as under in Para 10 and 11:- "10. In India, the reality is that there are far more takers of Government jobs than there are jobs available. Be that as it may, each job which has a clearly delineated entry process ? with prescribed examination and/or interview process, has only to be filled in accordance thereof. Absolute scrupulousness in the process being followed instills and further rejuvenates the faith of the public in the fact that those who are truly deserving of the positions, are the ones who have deservedly been installed to such positions. Each act, such as the one allegedly committed by the respondents represent possible chinks in the faith of the people in the public administration and the executive. 11. Since surely there must have been thousands of people who appeared for the exam, and the respondent-accused persons, for their own benefit, tried to compromise the sanctity of the exam, possibly affecting so many of those who would have put in earnest effort to appear in the exam in the hopes of securing a job, we concur with the view of the Trial Court that they are not entitled to the benefit of bail. At the same time, it is also true that every person has a presumption of innocence working in their favour till and such time the offence they are charged with, stands proved beyond reasonable doubt. Let them stand trial, and let it be established by the process of law, that the respondent - accused have indeed not committed any crime in law." In view of above, the Court finds no merit in the submissions of the learned counsel and they are accordingly rejected. It is settled principle of law that while considering a bail plea, the balancing of numerous factors such as the nature of the offence, the severity of the punishment and a prima-facie, view of the involvement of the accused are important. At the stage of assessing whether a case is a fit case for grant of bail, the detailed analysis of the evidence on record to establish beyond reasonable doubt, the commission of the crime by the accused is not warranted as the same is matter of trial. Prima face, the Court opines that the complicity of the applicant in the alleged offence is established. No case for grant of bail is made out. Rejected. Order Date :- 29.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad