In bail application under trial for cheating and unfair means in examination, court grants enlargement on bail pending trial subject to conditions without expressing opinion on merits of case.
Applicant released on executing personal bond and furnishing two sureties in like amount.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28158 of 2019
Applicant :- Ram Aasare Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Pratap Singh 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. 212 of 2019, under Sections 419, 420 I.P.C. and Section 3/10 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, P.S. Manduadih, district-Varanasi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is a temporary teacher in Sardar Patel Adarsh Intermediate College, Chandpur, Varanasi and he was doing his duty as invigilator during examination. He has not committed any offence and has been falsely implicated in the present case due to some ulterior motive. Further submission is that all the offences are triable by Court of Magistrate.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 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 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, Ram Aasare Mishra 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 in Case Crime No. 212 of 2019, under Sections 419, 420 I.P.C. and Section 3/10 U.P. Public Examination (Prevention of Unfair Means) Act, 1998, P.S. Manduadih, district-Varanasi subject to the following conditions:-
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 :- 16.7.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial given the nature of offence and lack of criminal history.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22Relied on¶8
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Ram Aasare Mishra
Ajit Singh
As recorded by the court registry
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