Subodh Kumar Vs State of U.P.

Heard Sri Rajiv Chowdhury, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.

¶10

Applicant seeks bail in Case Crime No. 126 of 2024, under Sections 318(4), 319(2), 336(3), 338, 340(2) of BNS and Sections 3/9, 6/10 of Public Examinations (Prevention of Unfair Means) Act, Police Station - Chitaipur, District - Varanasi, during the pendency of trial.

¶11

Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. He had not directed any person to impersonate him and appear in the examination in place of him. The said allegations are per se false.

¶12

Learned counsel has next contended that the applicant is languishing in jail since 21.07.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶13

Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶14

Considering the facts and circumstances of the case, submissions made by

¶15

BAIL No. 32794 of 2025

¶16

2

¶17

learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed .

¶18

Let the applicant- Subodh Kumar , who is involved in aforementioned 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.

¶19

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

¶20

ii) The applicant will not pressurise/intimidate with the prosecution witnesses.

¶21

iii) The applicant will appear before the trial court on the date fixed.

¶22

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶23

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

¶24

September 23, 2025 Siddhant

¶25

(Krishan Pahal,J.)

¶26

Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Subodh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Subodh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases