Vipin Kumar Kushwaha v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49132 of 2023 Applicant :- Vipin Kumar Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged against 24 named persons alleging that they were apprehended alongwith offending material. The intent of the prosecution is to establish the guilt of the accused with the leaking of papers for getting the appointments done in the TET examination. Contention of counsel for the applicant is that 19 persons named in the FIR have already been enlarged on bail.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that 19 of the co-accused have been enlarged on bail coupled with the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Vipin Kumar Kushwaha be released on bail in FIR No.22 of 2022, under Section 419, 420, 467, 468, 471 IPC, P.S. Khulabad, District Allahabad on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 20.11.2023 nishant High Court of Judicature at Allahabad