Allahabad High Court
Virendra vs State Of U.P. on 6 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28977 of 2022 Applicant :- Virendra Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
(1) Supplementary affidavit filed on behalf of applicant is taken on record.
(2) Heard Sri Vijay Pratap Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.
(3) The instant application has been filed seeking release of the applicant on bail in Case Crime No. 341 of 2022, under Sections 417, 419, 420, 120-B IPC, Police Station Surajpur, District Gautam Budh Nagar during pendency of the trial in the Court below.
(4) The aforesaid case has been registered on the basis of an F.l.R. lodged on 26.05.2022 by the Presiding Officer of 39 Battalion, Indo-Tibbat Border Police, alleging that the applicant had reported for appearing PET/PST which is being conducted for selection of constable held on 26.05.2022 and that neither his biometric data nor his photographs given match.
(5) In the affidavit filed in support of the bail application, it has been stated that applicant is innocent and he has not committed any offence. It has been stated that he did not allow the imposter to appear in the examination on his behalf and it was only due to some technical error, the biometric details of the applicant did not match with the data provided for PET and that the officials present there, without affording any opportunity of hearing to the applicant and without cross-checking the details have lodged F.I.R. against the applicant.
(6) Supplementary affidavit filed in support of the bail application annexing therewith the copy of the application form submitted by the applicant and a copy of the admit card for appearing in PET/PST issued by the I.T.B.P. has been filed and the photograph affixed therein the same photograph of applicant.
(7) The learned counsel for the applicant has submitted that numerous F.I.R. have been lodged on similar allegations against various candidates and in one similar matter this Court has passed an order dated 22.07.2022 in Criminal Misc. Bail Application No. 29770 of 2022 granting bail to the co-accused Vikram in Case Crime No. 334 of 2022, Under Sections 417, 419, 420, 120-B I.P.C., PS Surajpur, District Gautam Budh Nagar. His submission is that the allegations made against the applicant are similar to those levelled against other co-accused Vikram who has already been granted bail.
(8) The applicant is languishing in jail since 26-05-2022.
(9) Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused Vikram, who has already been released on bail.
(10) Keeping in view the aforesaid facts and circumstances of the case and having perused the copy of application submitted by the applicant and the admit card issued by the I.T.B.P., I find it to be a fit case for grant of bail to the applicant in the aforesaid case.
(11) In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
(12) Let the applicant Virendra be released on bail in Case Crime No. 341 of 2022, under Sections 417, 419, 420, 120-B IPC, 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.
(13) 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 :- 6.8.2022 AKT