Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 43748 (ALL)

RAVIPRAKASH v. STATE OF U.P.

BAIL/12986/2025 · 2025-07-21

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:120541 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12986 of 2025 Applicant :- Raviprakash Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kuldeep Kumar Gupta, Advocate holding brief of Sri Ajay Kumar Yadav, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 69 of 2025, under Sections 61(2)(a) BNS and Section 7, 13(3), 8, 13(4) of U.P. Public Examination Act, Police Station- Mauaima, District- Prayagraj, during the pendency of trial. 4. As per the prosecution case, the applicant is alleged to have been involved in aiding Class XII students in cheating during the U.P. Board examination conducted on 06.03.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant was the invigilator and he was not involved in any kind of copying or cheating. He has been implicated in the instant case out of vengeance. It is further stated that there criminal history of one case of the applicant which stands explained in paragraph No.2 of the of the supplementary affidavit dated 17.05.2025. The applicant is languishing in jail since 07.03.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Raviprakash, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad