Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31026 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vinay Saran, learned Senior Advocate assisted by Sri Awadh Bihari Pandey, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.239 of 2025, under Sections 61(2), 318(4), 319(2), 338, 340(2) and Section 2(Jha), 13(2) of UP Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Seepri Bazar, District- Jhansi, during the pendency of trial.
4. As per prosecution story, the applicant is stated to have impersonated the co-accused person Sunil Kumar Patel and was arrested at the examination centre at Jhansi.
5. Learned Senior Counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The applicant did not match with the details of the co-accused person Sunil Kumar Patel during biometrics identification.
6. Learned Senior Counsel for the applicant has further stated that the applicant was arrested outside the examination centre. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.6.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Awadh Bihari Pandey, Sr. Advocate Counsel for Opposite Party(s) : G.A. Hriday Singh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
released on bail, he will not misuse the liberty of bail.
7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant was arrested outside the examination centre, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Hriday Singh Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release
order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 17, 2025 Vikas Verma BAIL No. 31026 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad