Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54874 of 2021 Applicant :- Abhai Raj Opposite Party :- State of U.P.
Counsel for Applicant :- Shashi Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 03.11.2021 examination of CHSL conducted by Staff Selection Commission was scheduled at Examination Centre. The photo of the applicant was not tallied with the photo which was fixed on the application form, therefore, he was not permitted to appear in the examination and F.I.R. was lodged.
It is submitted by learned counsel for the applicant that the applicant is innocent and in this case he has been falsely implicated. He has not committed any forgery or cheating. No any offence is made out under Section 3/9 U.P. Public Examination (Prevention of Unfair Means) Act, 1998. There is no any evidence of the alleged incident. Other co-accused persons have already been granted bail by the court below. The photo and address of the applicant was similar on the admit card and adhar card even though this fact was not taken into consideration by the employees posted at the centre and even by the learned Sessions Judge. The applicant is in jail since 04.11.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case and submission made by the learned counsel for the parties, 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. The bail application is allowed.
Let the applicant-Abhai Raj involved in Case Crime No.239 of 2021, under Sections 419 and 420 I.P.C. and 3/9 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, P.S. Phaphamau, District Prayagraj (Allahabad) be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Asha