Dismissed

Chunnu Kumar v. State of U.P.

Allahabad HC9 Aug 2023BAIL/35034/2023

Case brief

AI extract

What is this about?

Single-judge Criminal Misc. Bail application dismissed. The applicant, arrested for impersonating a competitor in a promotion exam, sought bail alleging false implication. The court rejected bail citing the serious nature of impersonation in competitive exams, recovery of an Aadhar card, and impact on legitimate candidates.

What did the court decide?

Bail application dismissed with liberty to move afresh after filing of the charge-sheet.

Chunnu Kumar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:161029

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35034 of 2023

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Applicant :- Chunnu Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Puja Chauhan,Sanjeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Chunnu Kumar , with a prayer to release him on bail in Case Crime No. 221 of 2023, under Sections 419, 420 I.P.C. read with Section 6/10 of Public Examinations (Prevention of Unfair Means) Act, registered at Police Station Kotwali, District Gorakhpur.

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As per prosecution case, on the complaint of the Principal of Bhagwati Prasad Kanya Mahavidyalay, Gorakhpur, the aforesaid case was registered against the accused-applicant. As per FIR, on receipt of information on 26.6.2023 from control room at Lucknow, it is revealed that someone else is appearing in the examination for Nagar Gram Panchayat Adhikari, Gram Vikas Adhikar and Samaj Kalyan Paryavekshak in place of Jagdamba son of Khudiram. During investigation, it is revealed that the applicant was appearing by impersonating himself as Khudiram, and he was arrested on spot by the police. An Aadhar Card in the name of Vinod Kumar have been recovered from the possession of the accused/applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motives by the Principal of the school. He further submits that applicant was not named in the FIR and his name has surfaced during investigation. He further submits that applicant has no criminal antecedents and he has been languishing in jail since 27.06.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A. opposed prayer made for bail. He submits that applicant is involved in serious crime of cheating and impersonation in the competitive examination.

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Having heard learned counsel for the parties and having perused the record, it's revealed that the applicant was appearing in the competitive examination by impersonating himself as Jagdamba. The applicant was arrested on spot, an Aadhar Card in the name of Vinod Kumar have been recovered from the possession of the accused/applicant and the case is still under investigation. It would be unjust to release the applicant on bail, at this stage. Moreover, impersonation in competitive examination have cataclysmic effect on the society. The legitimate candidates, who study hard and put in sincere efforts feel demotivated and dishearten.

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In such circumstances, the bail application is dismissed with the liberty to move afresh application after filing of the charge-sheet.

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Order Date :- 9.8.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Chunnu Kumar v. State of U.P.

Case brief

What is this about?

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Chunnu Kumar v. State of U.P.

Case brief

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