Sujeet Kumar @ Sujeet v. State of U.P. Thru. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14262 of 2023 Applicant :- Sujeet Kumar @ Sujeet Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Ravindra Prakash Ojha Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ravindra Prakash Ojha learned counsel for the applicant, Sri Amitabh Chaturvedi learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0887 of 2023, under Sections 420 IPC, Section 67 of Information Technology (Amendment) Act and Section 3 & 9 of Uttar Pradesh Public Examination Act, 1998, registered at Police Station Kotwali Sadar, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2023 alleging that during Pre Eligibility Test-2023 being conducted by U.P. Subordinate Services Selection Commission, the applicant was appearing as a candidate and he was found to be using an electronic device and he confessed that some persons sitting at Prayagraj was helping him in solving the paper.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is 25 years old person having no criminal history and is languishing in jail since 29.10.2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history, the offences allege carry a maximum punishment of imprisonment upto seven years and that the applicant is languishing in jail since 29.10.2023 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 on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Sujeet Kumar @ Sujeet 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. Order Date :- 5.12.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench