Akash v. State of U.P
Case at a glance
Outcome
Bail granted
bail application is allowed
Provisions considered
Judgment
There is allegation against the applicant in the FIR of impersonating the real candidate in the examination. Learned counsel for the applicant submits that he has been falsely implicated because he was standing near the examination center. The applicant is in jail since 24.8.2024 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. complicity of Keeping in view the nature of the offence, evidence, the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Directorate of Manish Sisodia vs. Enforcement, 2024 LawSuit (SC) 677. and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail.
Operative part
The bail application is allowed. Let the applicant, Akash , involved in Case Crime No. 242 of 2024 , under Section- 318(4),338,336(3),340(2) B.N.S.S. and section 13(2) of Public Examination (Prevention of Unfair Means) Act, 2024, Police Station- Qutubsher , District- Saharanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 18.3.2025 Atul kr. sri. ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: bail application is allowed
Which statutory provisions did this judgment involve?
Constitution of India — art. 21; Bharatiya Nagarik Suraksha Sanhita, 2023; Public Examination (Prevention of Unfair Means) Act, 2024 — s. 13(2); Indian Penal Code, 1860; Code of Criminal Procedure, 1973 — ss. 82, 313.
Which court decided this case, and when?
Allahabad High Court, on 18 Mar 2025. The bench was SIDDHARTH.
Precedent status how later indexed judgments have treated this case
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