Allahabad High Court
Sachin Kumar vs State Of U.P. on 24 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28496 of 2022 Applicant :- Sachin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kuldip Singh Yadav,Anil Kumar Tiwari,Niklank Kumar Jain,Shabbir Hasan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1.Heard the learned counsel for the applicant, 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. 236 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Ecotech-IIIrd, District Gautam Budh Nagar.
3.The aforesaid case has been registered on the basis of an F.I.R. dated 26.05.2022 lodged by the Deputy Commandent / Member First Recruitment Board, Recruitment Centre, SSG, Noida, alleging that the PET / PST for recruitment of Constbles in CAPFS, NIA, SSF and Assam Rifles was going on and during the recruitment process, on 26.05.2022, the applicant appeared for PET / PST. The FIR alleges that the members of the Force nominated for vigilance duty got suspicious from the applicant's physically activities and gestures and they felt that they had seen an applicant of the same face at the recruitment centre a few days earlier also. The biometric data of the applicant was found to be correct but it is claimed that when the officers of the Board and members of the vigilance team made enquiries from the applicant, the applicant admitted that on 18.05.2022, he had appeared for PET / PST in the name of one Ajay Jadaun.
4.The learned counsel for the applicant has submitted that on similar allegations, another FIR bearing Case Crime No. 235 of 2022, under Sections 419, 420, 467, 468, 471 IPC and Sections 3, 6, 9, 10 U.P. Public Examination (Prevention of Unfair Means) Act, 1998 Police Station Ecotech-IIIrd, District Gautam Budh Nagar, had been filed against one Arvind, who has been granted bail by means of an order dated 22.08.2022 passed by this Court in Criminal Misc. Bail Application No.31788 of 2022.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the present case on the ground of suspicion whereas the applicant had never appeared in the name of Ajay Jadaun and he has no concern with Ajay Jadaun. The affidavit further states that the officers of the Recruitment Board had forced the applicant to write on a plain paper and the matter was dictated by them and thereafter the applicant was taken into custody immediately on 26.05.2022 and since then the applicant is languishing in jail.
6.It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the matter.
8.Having regard to the aforesaid facts and submissions and keeping in view the fact that the applicant has been implicated in the present case merely on the basis of suspicion; that he has given an undertaking that he will not misuse the liberty of bail; that another person namely Arvind, accused of the same charges, has already been granted bail and that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
9.Let the applicant - Sachin be released on bail in Case Crime No. 236 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Ecotech-IIIrd, District Gautam Budh Nagar on his furnishing a 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 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.
10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 24.8.2022 Ashish Pd.