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2025 DAILYLAW 50487 (ALL)

DHANESH MISHRA v. STATE OF U.P.

BAIL/14273/2025 · 2025-08-20

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144300 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14273 of 2025 Applicant :- Dhanesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Singh,Bharat Singh,Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Rejoinder affidavit filed today in the Court is taken on record. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the allegation against applicant is that he is engaged in issuing the forged marksheets. Learned counsel for the applicant submits that the applicant is running the franchise of Subharti University, Sikkim Open Board, Mangalayatan University and Suresh Gyan Bihar University since last more than 15 years and there was no complaint whatsoever. He further submits never committed the alleged offence since the engagement of running the franchise and that he has been falsely implicated in the present case due to ulterior motive. Learned counsel has drawn attention of this Court to Annexure-RA4 to the rejoinder affidavit, which is the statements of the Sub-Registrar Sikkim Professional University, Sub-Registrar Board of School and Skill Education, Sub-Registrar Himalayan University and Sub-Registrar Mohammad Yakoob and argued that they have specifically stated that the marksheets sent for verification before it, has been found to be true and correct. He thus submits that no offence is made out against the applicant and that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 20.03.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Dhanesh Mishra, involved in Case Crime No.118 of 2025 under Sections 318(4), 336(3), 338, 340(2) of B.N.S., Police Station Shahganj, District Agra, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 21.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad