Ajay Chauhan vs State of U.P. Thru.Prin.Secy. Home… — Cheating and Forgery | Allahabad HC (2026)

Ajay Chauhan vs State of U.P. Thru.Prin.Secy. Home… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Applicant Ajay Chauhan to be released on bail in Case Crime No.206 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial Court.

Issue for consideration

Whether the applicant Ajay Chauhan should be enlarged on bail in Case Crime No.206 of 2022, P.S. Hussainganj, District Lucknow. +1 more

Court's answer

Considering the applicant's lack of criminal history, incarceration since 14.12.2022, bail already granted to four co-accused persons, and that neither charges had been framed nor had the trial commenced after about three and a half years, the court found the facts sufficient to make out a case for enlarging the applicant on bail.

Ratio / Principle

The purpose of keeping an accused in custody during trial is to ensure his availability to face the trial; since the trial had not commenced despite nearly three and a half years in custody, that purpose was not being achieved and the continued incarceration of the applicant did not serve the ends of justice.

Detailed headnote1 paragraphs

BAIL GRANTED — Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J., order dated 19.05.2026 in Criminal Misc. Bail Application No.4377 of 2024. Applicant Ajay Chauhan, in custody since 14.12.2022 in Case Crime No.206 of 2022 (P.S. Hussainganj, Lucknow) under Sections 420/467/468/471/120-B IPC, Sections 3/9 U.P. Public Examination (Prevention of Unfair Means) Act, 1998 and Section 66D I.T. Act, 2000 — case arising from alleged use of unfair means in Sub-Inspector (Civil Police) recruitment (candidate Ritesh answering 79/80, 40/40 and 39/40 questions at improbable speed; applicant alleged to have taken Rs.15 lakhs for recruitment; co-accused B.K. Singh and Shashi allegedly demanding Rs.3.5 lakhs for certificates). Held: the purpose of custody during trial is only to ensure the accused's availability to face trial; with neither charges framed nor trial commenced in about three and a half years, continued incarceration was not serving the ends of justice. Bail allowed on the ground of prolonged unexplained detention, absence of criminal history, and parity — four co-accused (including Ritesh Kumar and Brijeet @ B.K. Singh) already enlarged on bail by coordinate-bench orders. Released on personal bond with two like sureties, subject to conditions of non-tampering with evidence, non-pressure on witnesses, and attendance on every date fixed by the trial Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 4377 of 2024

Ajay Chauhan

.....Applicant(s)

Versus

State Of U.P. Thru.Prin.Secy. Home Deptt.

.....Opposite Party(s) Counsel for Applicant(s) : Arun Kumar Tripathi, Anurag Bharadwaj, Mohammad Alishah Faruqi, Vinay Singh Counsel for Opposite Party(s) : G.A.

Court No. - 14

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Mohammad Alishah Faruqi, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.206 of 2022 under Sections 420/467/468/471/120-B of I.P.C. and Section 3/9 U.P. Public Examination (Prevention of Unfair Means) Act, 1998 and Section 66D of I.T. Act, 2000 registered at Police Station- Hussainganj, District- Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.12.2022 against 11 named persons, including the applicant, stating that co-accused Ritesh had filed Writ-A No.2927 of 2022 before this Court and an order dated 16.05.2022 was passed in the writ petition directing that the petitioner be included in the process for selection of Sub-Inspector Civil Police on the basis of photocopies of his educational certificates. Ritesh appeared before the recruitment board on 13.12.2024 and told that he could not be recruited because his educational certificates were with the applicantAjay Chauhan. He stated that co-accused B.K. Singh and Shashi were demanding Rs.3.5 lakhs for giving certificates. He further stated that the applicant Ajay Chauhan had taken Rs.15 lakhs for getting him recruited. Ritesh had given 79 correct answers out of total 80 questions within 30 minutes 24 seconds and in the other paper, he gave all 40 correct answers within 8 minutes 38 seconds. In yet another paper, he gave 39 correct answers against 40 questions within 4 minutes 57 seconds. It transpired that unfair means were used in the examination.

BAIL No. 4377 of 2024

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case, he has no criminal history and he is languishing in jail since 14.12.2022.

Ritesh Kumar, the candidate who had obtained selection through illegal means has been granted bail in the present case by means of an order dated 11.05.2023 passed a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.6210 of 2023. Another co-accused Brijeet @ B.K. Singh has also been enlarged on bail by means of an order dated 24.07.2022 passed by this Court in Crl. Misc. Bail Application No.9285 of 2023. Two other coaccused persons have been enlarged on bail by means of order dated 19.07.2024 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.7423 of 2024 and by order dated 06.11.2024 passed by this Court in Crl. Misc. Bail Application No.10770 of 2024.

The State has filed a counter affidavit. A copy of the recovery memo and statement of money transactions have been annexed with the counter affidavit.

The Purpose of keeping an accused in custody during trial is to enure his availability to face the trial. When the trial has not commenced in spite of expiry of a period of almost three and half years since the applicant was taken in custody, it appears that the purpose of keeping the applicant in custody is not being achieved by the prosecution. In these circumstances, the continued incarceration of the applicant does not appeared to be serving the ends of justice.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history, he is languishing in jail since 14.12.2022, that four co-accused persons have already been enlarged on bail and that in spite of expiry of about three and a half years, even charges have not been framed and the trial is yet to commence, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

Accordingly, this bail application stands allowed .

Let the applicant- Ajay Chauhan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

BAIL No. 4377 of 2024

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(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

May 19, 2026 -Amit K-

(Subhash Vidyarthi,J.)

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Prior proceeding
Instant bail application seeks release of the applicant in Case Crime No.206 of 2022, registered at Police Station Hussainganj, District Lucknow, under Sections 420/467/468/471/120-B IPC, Sections 3/9 U.P. Public Examination (Prevention of Unfair Means) Act, 1998 and Section 66D I.T. Act, 2000.¶11
Prior proceeding
The case was registered on the basis of an F.I.R. lodged on 13.12.2022 against 11 named persons, including the applicant.¶12
Prior proceeding
Co-accused Ritesh had filed Writ-A No.2927 of 2022 before this Court; by order dated 16.05.2022 he was directed to be included in the selection process for Sub-Inspector Civil Police on the basis of photocopies of his educational certificates.¶12
Prior proceeding
Per the F.I.R. narrative, Ritesh (board appearance recorded as 13.12.2024 in the judgment) said he could not be recruited because his educational certificates were with the applicant, and that co-accused B.K. Singh and Shashi were demanding Rs.3.5 lakhs for giving the certificates.¶12
Prior proceeding
The F.I.R. further records that the applicant Ajay Chauhan had taken Rs.15 lakhs from Ritesh for getting him recruited.¶12
Prior proceeding
Ritesh's answer-sheet performance (79/80 in 30 min 24 sec; 40/40 in 8 min 38 sec; 39/40 in 4 min 57 sec) showed, in the prosecution narrative, that unfair means were used in the examination.¶12
Prior proceeding
In the bail affidavit the applicant claims innocence, false implication, no criminal history, and custody since 14.12.2022.¶15
Prior proceeding
Four co-accused enlarged on bail: Ritesh Kumar (Crl. Misc. Bail Application No.6210 of 2023, order dated 11.05.2023, Co-ordinate Bench); Brijeet @ B.K. Singh (Crl. Misc. Bail Application No.9285 of 2023, order dated 24.07.2022 as printed); and two other co-accused (Crl. Misc. Bail Application No.7423 of 2024, order dated 19.07.2024, Co-ordinate Bench; Crl. Misc. Bail Application No.10770 of 2024, order dated 06.11.2024).¶16
Prior proceeding
The State filed a counter affidavit annexing a recovery memo and statement of money transactions.¶17
Prior proceeding
Despite about three and a half years of the applicant's custody, even charges had not been framed and the trial had not commenced.¶19