Vijay Kumar v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14679 of 2023 Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Pradeep Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pradeep Kumar Tripathi, learned counsel for the applicant, Sri Abhishek Kumar Singh, learned State Law Officer appearing for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2018, under Sections 419,420,467,468,471 I.P.C. and Sections 3/4/10 of U.P. Examination Act, 1982 registered at Police Station Cyber Crime, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.3.2018 against 12 persons, not including the applicant, alleging that use of unfair means by some candidates in examination being held for selection to the post of Junior Engineer by U.P. Power Corporation Limited by installing some unauthorized software in computer systems and by giving prior information about the questions to be put up in the question paper.

¶4The applicant has been implicated in the present case subsequently on the basis of the custodial statement of the co-accused Parminder Kumar. The co-accused persons have already been granted bail in the present case and the copies of the bail orders have been annexed with the affidavit filed in support of the bail application.

¶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.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of the custodial statement of a co-accused person and that co-accused person and other co-accused persons have already been granted bail coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 30.10.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Vijay Kumar 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 :- 13.12.2023 Shravan High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench