Allahabad High Court
Praveen Kumar Pankaj vs State Of U.P. on 12 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56443 of 2022 Applicant :- Praveen Kumar Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Kirti Chaurasia,Nitin Kumar Agrawal Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.489 of 2022, under Sections 419, 420,467, 468, 471 of IPC and Section 3/9 of Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station- Kotwali, District- Azamgarh.
As per the prosecution story, First Information Report has been lodged against the applicant along with three others alleging that on 16.10.2022 the applicant has been caught sitting in examination of UPSSSC in place of one Anil Yadav.
Learned counsel for the applicant contends that applicants have been falsely implicated in the instant case due to ulterior motive. It is submitted that prosecution story is false and fabricated. It is submitted that nothing incriminating has been recovered from the possession of the applicant and also there is no public or independent witness of the alleged incident. It is submitted that the applicant never indulges and involves in such kind of activities in any manner whatsoever and he is preparing for BSSC, which is scheduled to be held on 23.12.2022. It is next submitted that the applicant has no previous criminal history to his credit. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail. It is further submitted that the applicant is languishing in jail since 17.10.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant- Praveen Kumar Pankaj be released on bail in the aforesaid case on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 12.12.2022 SK Goswami