Jasveer Kumar v. State of U.P. Thru. Prin. Secy. Home, U.P.Lucknow

Court No. -29 Case :-CRIMINAL MISC. BAIL APPLICATION No. -14580 of 2023 Applicant :-Jasveer Kumar Opposite Party :-State Of U.P. Thru. Prin. Secy. Home, U.P.Lucknow Counsel for Applicant :-Jayveer Rajput,Raghvendra Gupta Counsel for Opposite Party :-G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant -Jasveer Kumar to enlarge him on bail in Case Crime No. 397 of 2023 under Sections 419, 420, 467, 468, 471 IPC and Section 6/10 of Uttar Pradesh Public Exmination (Prevention of Unfair Means) Act, 1998, Police Station Cantt, District Faizabad/Ayodhya. It is argued by the learned counsel for the applicant that there is allegation that the applicant was appearing in the examination as solver on behalf of Bijendra yadav. The recovery of Rs. 11700/-, one mobile, one debit card, one Bluetooth headphone and one mobile charger is shown from him. The applicant is languishing in jail since 30.10.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that the applicant was arrested on the spot solving paper in place of one Vijendra Yadav and the recovery is shown from him. From perusal of the record, it is found that the applicant is allegedly shown to be solving paper in place of Vijendra Yadav. The recovery of Rs. 11700/-, one mobile, one debit card, one Bluetooth headphone and one mobile charger is shown from him.. There is no criminal history to the credit of the applicant. The applicant is languishing in jail since 30.10.2023. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant Jasveer Kumar involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 11.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench