Allahabad High Court
Dharmendra vs State Of U.P. on 29 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25530 of 2022 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Birendra Singh, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, 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. 226 of 2022, under Sections 417, 419, 420, 120B IPC and Section 3/9, 6/10, U.P. Public Examination Act, Police Station Echotech-III, District Gautam Budh Nagar during pendency of the trial in the Court below.
3. The aforesaid case has been registered on the basis of an F.I.R. dated 19.05.2022 lodged by the Deputy Commandant/Member First Selection Board, Selection Centre, SSG NOIDA alleging that when the applicant had reported on 19.05.2022 for appearing in PET (Preliminary Eligibility Test)/PST for selection to the post of Constable in CAPF, NIA, SSF and Assam Rifles, 2021, neither his biometric data nor his photograph taken during the written examination could match which indicates that the person who had appeared in the written examination and the person who came to appear in PET are different and the F.I.R. alleges that the matter appears to be of impersonation, cheating and fraud.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has no criminal history.
5. A copy of the E-Admit Card issued to the applicant for participating in PST/PET on 19.05.2022 and that of E-Admission Certificate for participation in the examination to be held on 08.12.2021 have been annexed with the affidavit and the learned counsel for the applicant has submitted that both the aforesaid admit cards contain the same photograph of the applicant. He has submitted that the allegations levelled in the F.I.R. are prima facie unsustainable.
6. The learned counsel for the applicant further submitted that even as per the allegations contained in the F.I.R., no offence mentioned in the F.I.R. is made out against the applicant.
7. The learned counsel for the applicant has further submitted that similar F.I.R.s' were lodged against some other candidates. In Case Crime No. 227 of 2022 under Sections 419, 417, 420, 120B IPC and Sections 3, 6, 9, 10 of U.P. Public Examination Act, Police Station Echotech-III, District Gautam Budh Nagar in which the candidate Kushal Kumar has been granted bail by means of an order dated 11.07.2022 passed in Criminal Misc. Bail Application No. 25467 of 2022. Another candidate Keshaw against whom Case Crime No. 224 of 2022 under Sections 417, 419, 420, 120B IPC and Sections 3, 6, 9, 10 of U.P. Public Examination Act has been lodged in Police Station Echotech-III, District Gautam Budh Nagar, has been granted bail by means of an order dated 22.07.2022 passed in Criminal Misc. Bail Application No. 28189 of 2022.
8. Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.
9. Having regard to the aforesaid facts and submissions, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
10. In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed.
11. Let the applicant Dharmendra be released on bail in Case Crime No. 226 of 2022, under Sections 417, 419, 420, 120B IPC and Section 3/9, 6/10, U.P. Public Examination Act, Police Station Echotech-III, District Gautam Budh Nagar 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.
12. 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 :- 29.7.2022 Jaswant