The Court allowed a bail application filed by Sandeep Kumar Tomar in a case involving examinations and medical negligence allegations. The applicant was granted bail upon furnishing a bond and sureties.
Release of the applicant on bail upon furnishing a personal bond and two sureties subject to specific conditions.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56662 of 2022
Applicant :- Sandeep Kumar Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.512 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 3/4/6/9/10 of the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998 , P.S. Kotwali Shamli, District Shamli, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. It is alleged in the F.I.R. that co-accused Amit Kumar appeared on behalf of the applicant in the Examination of PET 2022 dated 15.10.2022 and caught by the informant. Co-accused, namely, Amit Kumar, has no authorities to appear in the examination. It is further submitted that applicant was not arrested on the spot. Learned counsel for the applicant has next submitted that he has no concern with the alleged offence and no forged document has been recovered from the possession of the applicant. It is further submitted that the applicant is having no criminal history and he is languishing in jail since 16.10.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sandeep Kumar Tomar , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 16.1.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to regular bail under Sections 419, 420, 467, 468, 471, 120-B IPC and Up Public Examination Act 1998.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Sandeep Kumar Tomar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
