Girdhari Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Girdhari Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; accused-applicant directed to cooperate in the judicial process for fair and speedy disposal.

Issue for consideration

Whether the applicant-accused Girdhari, implicated for impersonation in giving an examination on behalf of another (offences under Sections 318(4), 338, 336(3), 340(2) B.N.S. and Section 7/13 U.P. Public Examination (Prevention of Unfair Means) Act), should be enlarged on bail.

Court's answer

Without touching the merits of the case, the bail application is allowed.

Ratio / Principle

The accused/applicant is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, in view of the Supreme Court dicta in Girish Gandhi Vs. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail (2024) 10 SCC 685.

Key takeaways

Prima facie, the charge sheet has been submitted; the accused is in jail since January, 2025; and the matter pertains to impersonation in respect of giving an examination on behalf of another.ratio¶12
The accused-applicant shall cooperate in the judicial process for fair and speedy disposal.ratio¶15

Detailed headnote1 paragraphs

Bail — offence of impersonation in an examination — applicant booked under Sections 318(4), 338, 336(3), 340(2) B.N.S. and Section 7/13 U.P. Public Examination (Prevention of Unfair Means) Act in Case Crime No.16 of 2025, P.S. Tajganj, District Agra — charge sheet already submitted; applicant in jail since January, 2025 with no criminal history — Court, without touching the merits, allowed the bail application and directed release on furnishing a personal bond and two sureties each in the like amount, in view of the Supreme Court dicta in Girish Gandhi Vs. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for grant of bail (2024) 10 SCC 685 — accused to cooperate in judicial process for fair and speedy disposal.

Neutral Citation No. - 2025:AHC:131940

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2923 of 2025

Applicant :- Girdhari Opposite Party :- State of U.P. Counsel for Applicant :- Vineet Pandey Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

Sri Ram Kumar, learned counsel has filed affidavit along with parcha stating that the previous counsel has refused to give no objection. Hence, learned counsel for the applicant is heard.

Learned counsel appears for the applicant has filed rejoinder affidavit today in the Court, which is taken on record.

The present bail application has been moved by the applicantaccused Girdhari for the offence punishable under Sections 318(4), 338, 336(3), 340(2) B.N.S. & Section 7/13 U.P. Public Examination (Prevention of Unfair Means) Act in Case Crime No.16 of 2025, Police Station- Tajganj, District Agra.

Sri Ram Kumar, learned advocate appeared for the applicant and submits that the accused applicant has falsely been implicated in the case by the Principal of the School from where the applicant has been apprehended on giving examination by impersonating. He is student and languishing in jail since last six months. As such, he prays that the accused/applicant be enlarged on bail.

Per contra, learned A.G.A. has opposed the bail application and submits that the accused applicant has no criminal history. He is in jail since January, 2025.

This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.

The perusal of the record prima facie reveals that the charge sheet has been submitted. The accused is in jail since January, 2025. The matter is pertaining to impersonation in respect to giving examination on behalf of other.

Hence, without touching merit of the case, the bail application is allowed .

The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

Order Date :- 5.8.2025 Mini

(Avnish Saxena, J.)

Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad