Allahabad High Court
Keshaw vs State Of U.P. on 22 July, 2022
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28189 of 2022 Applicant :- Keshaw Opposite Party :- State of U.P. Counsel for Applicant :- Amit Misra Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.224 of 2022, under Sections 417, 419, 420, 120B I.P.C. and section 3, 6, 9, 10 of U.P. Public Examination Act, Police Station Echotech-III, district Gautambudh Nagar.
The first information report of this incident was lodged by the complainant namely, Naresh Joshi, Deputy Commandant/ Member Selection Board Bhartiya Kendra, SSG. Noida, Gautambudh Nagar against the present accused and it was mentioned in the FIR that when the present accused had appeared for physical test then his biometric data had not matched with the person who had appeared in the written examination as well as when the biometric data was not matched with the form filled earlier for recruitment then the present FIR was lodged accused was arrested.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has submitted that the offence under section 420 is not made out or attracted against the present accused-applicant because the applicant has not induced anybody to deliver any property by way of cheating. He has further submitted that the offence slapped against the applicant are triable by Court of Magistrate. He further submitted that the accused-applicant is a young person aged about 21 years. He submitted that the applicant is languishing in jail since 18.05.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant-Keshaw involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.7.2022 AU