Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18582 of 2019 Applicant :- Akash Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Apul Misra, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. for the State and perused the record.
It has been contended by learned counsel for the applicant that applicant was a clerk in the institution in question where unfair means were used in the examination. The allegations made by the prosecution in the FIR appears to be concocted considering the fact that examination was already over by 11.00 am and the raid was conducted at 11.30 am. The applicant has been falsely implicated in the present case as he is son of the Manager of the college who has also been made an accused in the case. As the applicant was working as a CCTV operator in the centre, his presence at the centre is duly explained. It is highly improbable that only two answer copies in 'B' sheets were being carried by as many as four people. The prosecution story appears to be concocted considering the circumstances of the case. The applicant has no other criminal history and he is in jail since 15.02.2019.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Akash Sharma involved in Case Crime No.14 of 2019 under Sections 420, 467, 468, 471 IPC, Sections 3/5/7/9/10 of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1988 and Sections 8/9 of Prevention of Corruption Act, 1988, Police Station Mahavan, District Mathura be released on bail on his furnishing a personal bond of Rs.One lakh with two sureties (one should be of his family members) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) 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.
(iv) 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 sufficient 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.
(v) The applicant shall surrender his passport, if any, before the Court concerned and shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
The trial court is directed to expedite the trial of the present case expeditiously preferably within a period of one year from the date of production of a certified copy of this order.
Order Date :- 30.5.2019 Madhurima