Neutral Citation No. - 2025:AHC:88585 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15833 of 2025 Applicant :- Madhuri Gaud Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Satya Mishra, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Madhuri Gaud, seeking enlargement on bail in Case Crime No. 0065 of 2025, under Sections 318 (4), 61 (2) BNS and Sections 8 (2) (3), 11 (3), 13 (5) Uttar Pradesh Public Examination (Prevention of Unfair Means) Act 2024, Police Station Kaptanganj, District Azamgarh. 3. The allegation made in the FIR is that the informant has been appointed as Static Magistrate in Priyanka Singh Inter College for Prevention of Cheating in High School Examination, where informant and their colleagues found that in a college room some persons namely Amarnath Pathak (Principal), Ankita, Madhuri Gaud (Applicant), Ganga Nishad and Ajay Yadav are involved in facilitating to cheat in High School Examination. They all are stating to be writing answers in the examination copies. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 11.03.2025. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the incident took place on 11.03.2025 at 10:00 a.m. and its FIR was lodged 20:36 hours i.e. 08:36 p.m. without giving explanation for delay in lodging the FIR. The applicant and two other co-accused persons have been caught by the informant. It is submitted that one answer sheet has been recovered from the possession of the applicant. The applicant has not committed the alleged offence as alleged in the FIR. There is no evidence or video evidence against the applicant and nothing has been recovered from the applicant except one answer sheet as per FIR version. There is no credible eye witness of the alleged recovery. Applicant did nothing but under direction of management she was present for providing tea, water to D.P. Singh and staff, and if she had not obeyed the direction then she would have been removed from her post. No offence under the aforesaid sections is made out against the applicant and the alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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, Madhuri Gaud, involved in above mentioned case crime number be released on bail, on her 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 her 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 :- 23.5.2025 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