HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25849 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. This is the second bail application. The first bail application has been rejected by this Court vide order dated 08.04.2025. 2. Heard Sri Puneet Bhadauria, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Astha Gupta @ Soni, seeking enlargement on bail in Case Crime No. 08 of 2025, under Sections 318 (4), 319 (2), 336 (3), 340 (2), 61 (1) BNS @ Section 7/13 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Hariparwat, District Agra. 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 06.01.2025. 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. 5. Learned counsel for the applicant argued that the accused- applicant is innocent and at the time of arrest there is no incriminating article has been recovered from the possession of the applicant and on the basis of confessional statement, the police has booked the applicant in the instant matter. It is next argued that the confessional Versus Counsel for Applicant(s) : Puneet Bhadauria Counsel for Opposite Party(s) : G.A. Astha Gupta Alias Soni .....Applicant(s) State of U.P. .....Opposite Party(s) statement is not admissible in the eye of law and apart from confessional statement there is no reliable cogent evidence against the applicant. As per the FIR version, no any forgery has been committed by the applicant. It is further argued that after completing investigation, the investigating officer has submitted charge sheet on 07.04.2025 before the trial court and the trial court has taken cognizance on 08.04.2025 and the charge has also been framed on 10.04.2025 against the applicant. Learned counsel for the applicant has also argued that as per Section 17 (2) of U.P. Public Examination (Prevention of Unfair Means) Act, 2024, investigation cannot be carried out by a officer below than a rank of Additional/Deputy/Assistant Superintendent of Police, but in the instant case, investigation has been carried out by a officer below the aforesaid rank. The aforesaid illegality vitiates the entire investigation as such prosecution has no legs to stand. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Astha Gupta @ Soni 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. BAIL No. 25849 of 2025 2 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. September 4, 2025 v.k.updh. BAIL No. 25849 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad