Allahabad High Court
Manish Kumar vs State Of U.P. on 30 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31075 of 2022 Applicant :- Manish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandan Sharma,Piyush Sinha,Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vivek Singh, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 237 of 2022, under Sections 419, 420, 467, 468, 471 IPC and Sections 3/6/9/10 of the U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station Ecotech-III, District Centre (Commissionerate Gautam Budh Nagar) during pendency of the trial in the Court below.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.05.2022 by the Deputy Commandant/Member First, Selection Centre, SSG Noida alleging that in the PTE/PST conducted for recruitment of constables in CAPFS, NIA, SSF and Assam Rifles. On 27.05.2022 a candidate had appeared claiming himself to be Manish Kumar but neither his biometric data nor his photograph taking during the written examination matched. It is alleged that the said candidate confessed that during written test some other person had appeared in his place.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.
5. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.
6. Having regard to the aforesaid facts and submissions and keeping in view the fact that maximum punishment which can be inflicted for offences under the U.P. Public Examinations (Prevention of Unfair Means) Act is imprisonment of one year and the applicant is languishing in jail since 27.05.2022 and also keeping in view the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail.
7. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
8. Let the applicant Manish Kumar be released on bail in Case Crime No. 237 of 2022, under Sections 419, 420, 467, 468, 471 IPC and Sections 3/6/9/10 of the U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station Ecotech-III, District Centre (Commissionerate Gautam Budh Nagar) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
9. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 30.9.2022 Jaswant