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Neutral Citation No. - 2025:AHC:89880 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14367 of 2025 Applicant :- Supreme Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Shanker Mishra,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rahul Mishra, learned counsel for the applicants and Shri Purshottam Maurya, 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- applicants, Supreme Singh, Sanjeet Kumar and Ranjeet Kumar, seeking enlargement on bail in Case Crime No. 65 of 2025, under Sections 319 (2), 318 (4), 61 (2) (a), 338, 336 (3), 340 (2) of B.N.S. and Section 4/13 of U.P. Public Examination (Prevention of Unfair means) Act, 1998, Police Station- Mauima, District- Prayagraj.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
04.03.2025. Learned counsel for the applicants submits that FIR against the applicants has been lodged for the offences punishable under Section 4/13 of U.P. Public Examination Act, 1998. The said U.P. Public Examination Act, 1998 stands superseded by the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and came into force with effect from 15th day of July, 2024. The incident is stated to have been taken place on 04.03.2025 and FIR has been lodged on 04.03.2025. Once, the U.P. Public Examination Act, 1998 stands superseded, a proceedings under the repealed act could not be initiated against the applicants. Co- accused namely Shashikant has been granted bail by this Court in Criminal Misc. Bail Application No. 12633 of 2025, vide order dated 16.05.2025. They have no criminal antecedent and there is no likelihood of their 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 Considering all above facts and circumstances, particularly FIR has been lodged against the applicants under repealed Act, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Supreme Singh, Sanjeet Kumar and Ranjeet Kumar, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their 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 their bail.
Order Date :- 27.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad