Nitish vs State of U.P. and Another

Heard Shri Anuj Kumar along with Shri Ram Shiromani Shukla, learned counsel for the applicant, Shri Uma Shanker Mishra, learned A.G.A. for the State and perused the record.

¶11

The present application has been moved seeking anticipatory bail in Case Crime no.485 of 2025, under Sections 318(2), 319(2), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 3/10 of U.P. Public Examination (Prevention of Unfair Means), Act 1998, Police Station Roja, District Shahjahanpur, with the prayer that in the event of arrest, applicant may be released on bail.

¶12

Learned counsel for the applicant submits that as per allegation in the first information report, one person was arrested in an examination centre and it is alleged that he appeared on the previous occasion also and it is alleged that the said person was impersonating as the applicant. It is further submitted that the arrested co-accused Vivek Kumar Mandal has already been granted bail by the learned Sessions Court. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

¶13

On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submits that he has not received instructions as yet.

¶14

NABAIL No. 9843 of 2025

¶15

2

¶16

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

¶17

In the event of arrest of the applicant- Nitish involved in the aforesaid case crime shall be released on interim anticipatory bail till 09.12.2025 on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

¶18

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

¶19

(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

¶20

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

¶22

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶23

List this case on 09.12.2025 as fresh.

¶24

Learned AGA is directed to obtain instructions in the matter by the next date.

¶25

(Jitendra Kumar Sinha,J.)

¶26

November 28, 2025 RKM

¶27

Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Nitish v. State of U.P. and Another

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Nitish v. State of U.P. and Another

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