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2025 DAILYLAW 60893 (ALL)

KAUSHLESH MISHRA v. STATE OF U.P. AND ANOTHER

NABAIL/3963/2025 · 2025-07-27

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124599 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3963 of 2025 Applicant :- Kaushlesh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harinank Mauli Vikram Dwivedi,Harish Chandra Mishra,Mohd. Monis,Narendra Mohan,Rahul Saroj Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 0037 of 2025, under Sections 319(2), 318(4), 338, 336(4), 340(2) of B.N.S., Police Station Paschim Sharira, District Kaushambi. 3. Counsel for the applicant submits that the applicant is the Principal of the institution known as 'Rajkiya High School, Lodhan Ka Poora, Kaushambi' and he has been falsely implicated in the present case. The said school was made examination centre for conducting the Secondary and Senior Secondary Examination (April-May, 2025) by order dated 8.4.2025 passed by the Regional Director, annexed as Annexure-4 to the paper book. At this stage, there is no credible evidence to establish that fake students appeared in the alleged examination. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that at this stage, there is no substantive evidence to establish that fake students appeared in the alleged examination, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Kaushlesh Mishra be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him, before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 28.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad