Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45920 of 2018 Applicant :- Rajeev Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the state.
By way of instance application, the applicant seeks bail in Case Crime No. 388 of 2018, under Sections 419, 420, 467, 468, 471, 170 IPC and 3/9/6/10 of U.P. Sarvajanik Pariksha Adhiniyam, 1998, Police Station- Belipar, District- Gorakhpur.
Learned counsel for the applicant has submitted that the applicant has no concern with the offence in question, as he neither appeared in the examination in place of Dilip Kumar Verma nor he verified himself as student in place of Dilip Kumar Verma therefore, the entire allegations made against the applicant are false and concocted. The fact is that the applicant was appointed by the Center to do duty of Invigilator. He further submits that after duty, there was a dispute in respect of payment, on which, hot talk took place between the applicant and the first informant, consequently, the first informant falsely roped in the applicant, in this case. He further submits that in case, applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant and submits that during examination of routine checking, applicant was found appearing in the examination in place of one Dilip Kumar Verma, who is also one of the named co- accused. He was caught on the spot. After verification, authority concerned found that the photograph and other incriminating materials of the applicant was found to be forged. Lastly, he submits that offence is result of clear maneuveration by the applicant, therefore, applicant does not deserve any sympathy.
After hearing the submissions raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the allegations made in the FIR, and considering the gravity of the offence, no good ground is made out for bail.
Accordingly, this bail application is rejected at this stage.
The observation made in this bail order shall not prejudice the trial court while deciding the trial on merit.
Order Date :- 30.11.2018 S Rawat