Indrajeet v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14282 of 2023 Applicant :- Indrajeet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla,Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramakar Shukla, learned counsel for the applicant, Sri Ajay Kumar Srivastava, 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. 66 of 2023, under Sections 419, 420, 467, 468, 471, 120B I.P.C. and Section 9/10 of U.P. Public Examinations Act, 1998, registered at Police Station Manaknagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.06.2023 alleging that during an examination being held for making selections for appointments to the post of Village Development Officer and some other posts, some other person was appearing on behalf of the applicant and this fact came to light when his thumb impression and facial recognition could not match.

¶4In 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. The applicant has been in jail since 26.09.2023.

¶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 offence under U.P. Public Examination carries a maximum punishment of imprisonment up to one year and other offences carry a maximum punishment of imprisonment up to 7 years; that the applicant has no previous criminal history and he is languishing in jail since 26.09.2023 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-Indrajeet be released on bail in aforementioned 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 :- 5.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench