Allahabad High Court
Kasan Ahmad vs State Of U.P. on 1 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45602 of 2022 Applicant :- Kasan Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava,Himanshu Gupta Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 440 of 2022, under Sections 419, 420, 467, 468, 469, 471 IPC, Section 4/10 of Uttar Pradesh Public Examinations Act and Section 3 of Money Laundering Act, P.S. Naini, District Prayagraj, with the prayer to enlarge the applicant on bail.
According to the prosecution version, police have received an information that a gang of some persons, is indulging in unfair and illegal means in competitive examinations by taking huge amount from the candidates appearing in such examinations. In pursuance of that, on 24.08.2022 an information was received that one Jai Babu Tiwari, who is Manager of Murli Manohar Joshi Inter College, Naini Road, Anil Pandey, who is Manager of Ram Prasad Academy Inter College, Puneet Singh, Manager of Shail Siksha Niketan Inter College, Naini and Shashi Prakash Sharma, Manager of Savitri Devi Shankar Lal Inter College, have indulged in providing copying by unfair means to some candidates in revenue 'Lekhpal' examination by taking money. Thereafter on 24.08.2022 co-accused Jai Babu Tiwari, was apprehended and some mobile phones and some papers having names and roll numbers of some candidates were recovered. Some names and roll numbers were found saved in his mobile phone. Thereafter at the instance of co-accused Jaibabu Tiwari, seven more persons including applicant Anil Pandey and Puneet Singh, Shashi Prakash Sharma, Lakhendra Rajbhar, Mulayam Singh Yadav, Ranu Yadav and Pankaj Tiwari were apprehended and various incriminating articles/documents were recovered from them.
Learned counsel submits that the involvement of Kasan Ahmad (applicant) was revealed in the confessional statement of main accused Jaibabu Tiwari, who has said before the police that he had got managed setting of Amit Katiyar with Manager Aftab and Kasan of Chetna Girls Inter College for demand of unfair means; he had given them money also and from that school, a candidate was arrested by the police using unfair means by some device and thereafter Aftab and Kasan are at large.
Learned counsel for the applicant next submits that name of the applicant surfaced in the confessional statement of main accused Jaibabu Tiwari; co-accused Anil Pandey, who was named in the FIR and was also arrested alongwith incriminating materials has been granted bail by the co-ordinate Bench of this Court vide order dated 23.11.2022 in Crl. Misc. Bail Application no. 41904 of 2022; Amit Katiyar, in confessional statement of co-accused, was not student of the college of the accused applicant and one Renu, who is alleged to have been involved for using of unfair means on the date of examination in the college of applicant, was not caught by the police and her name surfaced after examination, whose arrest has been stayed by the order of this Court; nothing incriminating has been recovered from the possession of the applicant; applicant is in jail since 25.8.2022; there is no documentary evidence against the applicant in support of version that he was got benefited by taking money in competitive exam; he has explained criminal history in para-13 of the affidavit; out of three cases, one case is present one; he has filed bail order in Case Crime no. 23 of 2022, under Sections 420, 120B IPC and 3/9, 11, 7/10 of U.P. Examination Act; another case related to pandemic period in which investigation is still going on; there is no cogent material against the applicant. Hence, bail has been prayed for.
Learned A.G.A. has opposed the prayer for bail and argued that applicant was a member of gang, which was indulging in providing copying to candidates appearing in competitive examination, as well as in other unfair and illegal means by taking money from such candidates; there are circumstantial evidence against the applicant and his name surfaced in the confessional statement of main accused; case of the applicant is liable to be distinguished from other accused persons.
Considering the submissions of learned counsel for the parties, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant, Kasan Ahmad, involved in the aforesaid crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2.The applicant shall not pressurize/ intimidate the prosecution witness.
3.The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 1.12.2022 Dhirendra/