Neutral Citation No. - 2025:AHC:125811 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22367 of 2025 Applicant :- Ankit Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Sisodia,Shiv Shanker Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ankit Gupta, seeking enlargement on bail in Case Crime No. 06 of 2025, under Sections 61 (2), 319 (2), 318 (4), 338, 336 (3), 340 (2), 112 (2) BNS and Sections 8 (3), 11 (Chh), 13 (5) Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Kotwali, District- Azamgarh. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 06.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that the applicant is named in the FIR and only two accused namely Vikash Kumar and Anup Sagar were named in the FIR. It is submitted that the applicant has not appeared in any examination as solver or dummy candidate and no money was recovered from the possession of the applicant and prosecution has failed to established that the applicant has appeared in the examination as solver in place of other candidate. It is submitted that in the present case Durgesh Tiwari is kingpin/main accused and Ram Pravesh Yadav and association of applicant with co-accused could not be established by prosecution. Nothing has been recovered from the possession of the applicant or on his pointing out and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 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, Ankit Gupta involved in above mentioned case crime number be released on bail, on his 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 his 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 :- 28.7.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad