Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40021 of 2019 Applicant :- Arun Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 22 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 9 of U.P. Public Examinations (Prevention of Unfair means) Act, 1999, P.S. Gorakhnath, district-Gorakhpur, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged by the informant on 28.1.2019 with the allegation that candidate Santosh Kumar Yadav was apprehended who was appearing in the exam in place of the present accused Arun Kumar Yadav.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He was not aware that a fictitious person was appearing in the exam in his behalf. Further submission is that the other co-accused Santosh Kumar Yadav, who has allegedly appeared in the examination on behalf of present accused has been granted bail by another Bench of this Court vide order dated24.6.2019 passed in Criminal Misc. Bail Application No. 23650 of 2019, copy whereof has been filed as Annexure- 3 to the affidavit accompanying the bail application. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 5.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs.
State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Arun Kumar Yadav involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 Faridul