HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23887 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Shri P. C. Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by this Court by means of a detailed order dated 2.4.2025 passed in Criminal Misc. Bail Application No. 9841 of 2025 (Vinit Kashyap Vs. State of U.P.), a copy of which has been brought on record as Annexure-1 to the bail application. 3. The applicant- Vinit Kashyap, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 07 of 2025, under Sections 318 (4), 319 (2), 336 (3), 338, 340 (2) BNS and Section 6/10 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Rohaniya, District Varanasi , during the pendency of the trial. 4. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. 5. Apart from the above, learned counsel for the applicant submits that accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 5.1.2025. Learned counsel for the applicant submits that applicant has been charged for the offences punishable under Section 6/10 of U.P. Public Examination Act, 1998 and charge sheet in this case has also been filed under Section 6/10 of U.P. Versus Counsel for Applicant(s) : Anil Kumar Bind, Artee Gupta, Prakash Chandra Srivastava, Ravindra Kumar Pandey, Yogesh Kumar Vishwakarma Counsel for Opposite Party(s) : G.A. Vinit Kashyap .....Applicant(s) State of U.P. .....Opposite Party(s) Public Examination Act, 1998 and cognizance thereon has already been taken on 5.3.2025. The said U.P. Public Examination Act, 1998 stands superseded by the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and came into force with effect from 15th day of July, 2024.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 5.1.2025 and FIR has been lodged on the very same day i.e. on 5.1.2025. Once, the U.P. Public Examination Act, 1998 stands superseded, a proceedings under the repealed act could not be initiated against the applicant. Learned counsel for the applicant submits that charge sheet in this case has also been filed under Section 6/10 of U.P. Public Examination Act, 1998. Learned counsel for the applicant submits that the co-accused Manjeet Patel has been granted bail by this Bench by order dated 09.05.2025 passed in Crl. Misc. Bail Application No. 5810 of 2025. No case is made out against the applicant under the aforesaid sections. 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. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid legal submissions raised by learned counsel for the applicant. 7. Considering all above facts and circumstances, particularly FIR has been lodged and charge sheet has been filed against the applicant under repealed Act, 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Vinit Kashyap 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. BAIL No. 23887 of 2025 2 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 24, 2025 v.k.updh. BAIL No. 23887 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad