Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16302 of 2019 Applicant :- Akhilesh Chauhan And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamalesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Akhilesh Chauhan, Bhola Chauhan and Rahul Verma have prayed to release them on bail in Case Crime No. 0032 of 2019, u/s 4, 5, 7, 8, 10 of U.P. Sarvajanik Pariksha Adhiniyam, 1998, and 409, 419, 420 I.P.C., P.S. Bansdeeh, District Ballia.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number. They were students of coaching being run by Baba Mahendra Das Shaheed Praveen Singh Shikshan Sansthan, Chhotaki Siriya, Ballia, where this raid occurred in which they were apprehended. They were neither students of Intermediate nor were appearing in the examination nor were with any benefit of alleged writing. They are languishing in jail since long with no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Perusal of F.I.R. reveals that accusation against the present applicants is limited up to this extent that they being student of coaching run by above educational institution were said to be making writing over copies of Intermediate by way of cheating and under dictation by Shailesh Kumar Singh. This raid was made by the informant and his team, whereas these accused applicants are neither students of Intermediate nor were appearing in the above examination nor were beneficiary of the copying. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants, Akhilesh Chauhan, Bhola Chauhan and Rahul Verma, involved in above mentioned case crime number be released on bail on their each executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 30.4.2019 Pcl