Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33303 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Sri Jyoti Bhushan, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 267 of 2025, under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2), 112(2) of BNS and Sections 3, 9, 13 & 2/13(2) of U.P. Public Examination (Prevention of Unfair Means) Act, Police Station - Saraimeer, District - Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant and co-accused Ashish Kumar is stated to have impersonated the other persons in the exam of Diploma in Pharmacy and were arrested by the Invigilator Team at the Examination Centre on 13.06.2025 at about 11:30 AM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. It is a clear cut case of false implication. The applicant is languishing in jail since 13.06.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, nature of offence, period of incarceration and without expressing any Versus Counsel for Applicant(s) : Jyoti Bhushan Counsel for Opposite Party(s) : G.A. Adarsh Gaund .....Applicant(s) State of U.P. .....Opposite Party(s)
opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Adarsh Gaund, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 25, 2025 Siddhant BAIL No. 33303 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad