Allahabad High Court
Santosh Kumar Pal vs State Of U.P. on 26 July, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:119565 Reserved on 23.07.2024 Delivered on 26.07.2024 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9233 of 2024 Applicant :- Santosh Kumar Pal Opposite Party :- State of U.P. Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. By means of this application, applicant Santosh Kumar Pal, who is involved in Case Crime No. 10 of 2024, under Sections 419/420/467/468/471 IPC and 3/9 of U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station Chitaipur, District Varanasi, seeks enlargement on bail during the pendency of trial.
3. The prosecution story, as unfolded, reveals that in the CTET Examination, the applicant, Santosh Kumar Pal had appeared in the said examination in place of original candidate Ajit Kumar Yadav, which was conducted at The Ideal New Star English School, Nasirpur, Susuwahi, Chitaipur, Kashi (Commissionerate Varanasi), Uttar Pradesh on 21.01.2024. During verification of biomatric, which was mismatched, it was found that an imposter was appearing in the examination in place of original candidate Ajit Kumar Yadav, on the basis of forged admit card and Aadhar Card.
4. It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Learned counsel for the applicant submits that the applicant is languishing in jail since 22.01.2024, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.
5. Learned AGA has vehemently opposed the bail application and submits that during CTET Examination, which was held on 21.01.2024, that in place of original candidate Ajit Kumar Yadav, one imposter Santosh Kumar Pal/ the applicant had appeared in the said examination, on the basis of forged admit card on which the photograph of applicant was pasted. He further submits that on mismatch of biomatric, imposter/applicant Santosh Kumar Pal has been caught by the school authorities on the spot and handed over to police, who, in his statement, clearly stated that he was appearing in the said examination in place of Ajit Kumar Yadav, as such, bail application is liable to be rejected.
6. I have heard learned counsel for the respective parties and perused the material on record. It is a case where an imposter namely Santosh Kumar Pal had appeared in the CTET, in place of original candidate Ajit Kumar Yadav and on mismatch of biomatric he was apprehended on the spot by the school authorities and in his statement he has clearly stated that he was appearing in the said examination in place of Ajit Kumar Yadav.
7. Moreover, cheating in government exams undermines the principles of meritocracy and equal opportunities, which were essential for fostering social mobility and ensuring fairness in society. It perpetuates inequalities by favoring those, who could afford to pay for fraudulent activities, while disadvantaging those, who rely on their hard work and merit to succeed. The acts of cheating in examinations, thus, must be dealt with a stern hand, as their effects were not limited to an individual but impact society as a whole.
8. On due consideration of the aforesaid, no case for bail is made out. Bail application stands rejected.
Order Date :- 26.7.2024 Kushal