Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 40179 (ALL)

ANIL YADAV v. STATE OF U.P.

BAIL/12081/2025 · 2025-05-08

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87427 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12081 of 2025 Applicant :- Anil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hardev Singh,Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ramesh Chandra Agrahari, learned counsel for the applicant, Ms. Anita Singh, Advocate, holding brief of learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Anil Yadav, seeking enlargement on bail in Case Crime No. 69 of 2025, under Sections 61 (2) (a) of the Bharatiya Nyaya Sanhita, 2023 and Sections 7, 13,(3), 8, 13 (4) of U.P. Public Examination (Prevention of Unfair Means) Act, 2024, Police Station Mauaima, District Prayagraj. 3. 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 06.03.2025. 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. 4. Learned counsel for the applicant submits that the applicant and other co-accused persons were caught inside the school for the purpose of cheating, when the Intermediate Physics examination was being conducted in the second shift on 06.03.2023. It is submitted that the date of the alleged incident i.e. 06.03.2025 applicant was going to his relative house and at about 4:30 p.m. some public was available in front of gate of Shanti Devi Intermediate College and applicant was also standing there and at that time police reached there and caught the applicant and thereafter police has falsely implicated the applicant in the present case. It is next submitted that neither any relative or family member of the applicant was participating in the said examination in the said collage, nor applicant has any connection with the college. The investigating officer after completing investigation has submitted charge sheet date 01.05.2025 against the applicant. The applicant has not committed any offence as alleged in the FIR. Nothing has been recovered from the possession of the applicant. No case is made out against the applicant under the aforesaid sections and the applicant has no motive to commit the alleged crime and the entire prosecution story is false, fabricated and concocted. It has also been argued that co-accused Yashwant Sing has been granted bail by this Court vide order dated 08.04.2025 passed in Crl. Misc. Bail Application No. 11340 of 2025. The applicant has no other criminal history. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anil 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 9.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad