Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39819 of 2019 Applicant :- Suresh Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Apul Misra, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.14 of 2019 under sections 420, 467, 468, 471 IPC, under section 3/5/7/9/10 of Uttar Pradesh Sarvajanik Pariksha Adhiniyam (Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998) and under section 8/9 of Prevention of Corruption Act, 1988, Police Station Mahavan, District Mathura, during the pendency of trial.
As per FIR, the prosecution case is that in the High School Board Examination on 14.02.2019 when paper of English was going on, a news was received that Central Superintendent and some other concerned officials were solving the question paper outside the premises and after solving the said paper, examinees were being allowed to copy them. On receipt of this information, raid was made and the accused-applicant was arrested along with other co-accused Tinku etc. who was found in possession of two 'B' copies.
It is argued by the learned counsel for the applicant that co- accused Tinku from whom also two 'B' copies were recovered, has already been granted bail by Coordinate Bench on 04.07.2019 in Crl. Misc. Bail Application No.24496 of 2019 (Tinku vs. State of U.P. ) and other co-accused Akash Sharma, who was a CC TV Operator was also found involved in this occurrence, has been granted bail by the Coordinate Bench vide order dated 30.05.2019 in Crl. Misc. Bail Application No.18582 of 2019 (Akash Sharma vs. State of U.P.) copy of which is at page-32. Therefore, it is prayed that the case of the present case being at par with the co-accused named above, he should be allowed bail. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.02.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, period of detention in jail and also bail parity with the co-accused who have been granted bail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Suresh Singh involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs.One lac 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.9.2019 AU