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Allahabad High Court denies bail to man accused of appearing in competitive examination in place of someone else

The Allahabad High Court has dismissed the bail application of Jitendra Jurail alias Sandeep, who had appeared in a competitive examination in place of someone else.

A Single Bench of Justice Sameer Jain passed this order while hearing a Criminal Misc Bail Application filed by Jitendra Jurail Alias Sandeep.

The application has been filed seeking release of the applicant on bail in Case under Sections 419, 420, 467, 468, 471 I.P.C. and Sections 6/10 The Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, Police Station Etmaddaula, District Agra, during pendency of the trial in the court below.

An FIR of the case was lodged on 18.02.2024 against the applicant and according to the FIR, the applicant appeared in a competitive examination in place of one Sandeep.

Counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the matter and actually applicant is also known as ‘Sandeep’ and he appeared in the examination in the name of Sandeep but in his Aadhar Card his name has been mentioned as ‘Jitendra Jurail’.

He further submitted that applicant and Sandeep both are the same person.

He also submitted that the applicant does not have any criminal history to his credit and he is in jail in the matter 19.02.2024.

Per contra, A.G.A opposed the prayer for bail and submitted that ridiculous and absurd defence has been taken by the applicant, therefore, considering the nature of allegation and the fact that due to such offence now the sanctity of the competitive examination is at stake, the bail application should be dismissed.

“However, as per counsel for the applicant, applicant is the person, who is also having nick name ‘Sandeep’ and he himself appeared in the examination as ‘Sandeep’ but the defence taken by the applicant appears to be absurd as there is no material on record including Aadhar Card and documents of the applicant, which can show that applicant was also known as ‘Sandeep’, therefore, prima facie, allegation made against him appears to be true.

Further, the applicant is in jail in the matter only since 19.02.2024. Therefore, considering the facts and circumstances of the case discussed above, I am not inclined to release the applicant on bail”, the Court observed while dismissing the bail application.

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