Allowed

Bhupendra Kumar Singh v. State of U.P.

Allahabad HC16 Aug 2022BAIL/29085/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application by concluding that prima facie no case of using unfair means was made out by the FIR regarding the applicant's examination performance. The applicant is directed to be released on a personal bond and two sureties.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each, subject to conditions of not tampering with evidence and appearing in court.

Bhupendra Kumar Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29085 of 2022

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Applicant :- Bhupendra Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Pankaj Kumar Tyagi, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 193 of 2022, under Sections 420, 120-B IPC, 3/9 of U.P. Public Examination (Prevention of Unlawful Means) Act, 1998 and Section 66 of Information Technology Act, Police Station Kotwali, District Bareilly during pendency of the trial in the Court below.

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3.The aforesaid case has been registered on the basis of a first information report dated 16.05.2022, lodged by the informant against four named accused persons, including the applicant, alleging that during examination held on 16.05.2022 for making selections to the post of Sub-Inspector in Civil Police, initially the applicant solved very few questions but later on he solved the question very quickly, from which it appears that the applicant has solved the questions by unfair means.

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4.In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, that he has been falsely implicated in the present case and that he has no criminal history.

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5.The learned counsel for the applicant has submitted that even as per the FIR, the only allegation against him is that initially his pace of solving the questions was slow and it was increased in the subsequent part of the examination and from this change in pace in solving the questions, no offence is made out.

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6.The applicant is languishing in jail since 19.05.2022.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid submission and perused the record, I am of the view that from the allegations levelled in the F.I.R., prima facie no case of use of unfair means is made out against the applicant and I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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10.Let the applicant - Bhupendra Kumar Singh be released on bail in Case Crime No. 193 of 2022, under Sections 420m 120B IPC, 3/9 of U.P. Public Examination (Prevention of Unlawful Means) Act, 1998 and Section 66 of Information Technology Act, Police Station Kotwali, District Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 16.8.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.08.17 18:53:13 IST Reason: Location: High Court of Judicature at Allahabad

Bhupendra Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhupendra Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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