Rupesh Ranjan Pandey v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8262 of 2023 Applicant :- Rupesh Ranjan Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kunwar Ravi Prakash Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Kunwar Mukul Rakesh, Senior Advocate assited by Sri Kunwar Ravi Prakash, the learned counsel for the applicant, Sri Rao Narendra Singh, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 382 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 66 D of Information Technology Act, registered at Police Station Hazratganj, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2022 against Uptron Powertronics Limited and Kuldeep Singh besides some unknown persons alleging commission of illegalities in NEET Examination, 2021 by making unauthorized interference in the original data base and official website of Ayush Department. The applicant has been implicated as he was also once a Director of Remark Technology.

¶4The learned counsel for the applicant has submitted that 12 co-accused persons have already been granted bail in the present case and the copies of their bail orders have been annexed with the supplementary affidavit filed on behalf of the applicant. The bail application of co-accused Alok Kumar Trivedi had been rejected by this court but the aforesaid co-accused person has also been granted bail by means of an order dated 10.11.2023, passed by Hon'ble Supreme Court in S.L.P. (Criminal) No.12039 of 2023. One more co-accused Harsh Vardhan Tiwari @ Sonal has also been granted bail by means of an order dated 26.10.2023, passed by this court in Criminal Misc. Bail Application No.9793 of 2023.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7As eight co-accused persons have already been granted bail in the present case including co-accused Harsh Vardhan Tiwari who had been assigned the job by the applicant, and keeping in view the fact that that the applicant has no previous criminal history and he is languishing in jail since 17.11.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime on the ground of parity.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Rupesh Ranjan Pandey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 21.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench