Sunday, February 25, 2024

Allahabad High Court grants conditional bail to accused in using unfair means in exams

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The Allahabad High Court has granted conditional bail to Vijay Yadav, accused of conspiracy, cheating and use of unfair means in the examination.

A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Vijay Yadav.

By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime at Police Station-Rani Ki Sarai, District-Azamgarh under Sections 419, 420, 467, 468, 471, 120-B IPC and Sections 3/6/9/10 of the U.P Public Examination Act, 1998.

The applicant has been in jail since 10.04.2022.

The bail application of the applicant was rejected by the Additional District and Sessions Judge, Azamgarh on 17.05.2022.

Sriram Yadav, counsel holding brief of Sanjay Kumar Yadav, counsel for the applicant contends that the applicant has been falsely implicated in the case. The applicant did not use or facilitate the use of unfair means. He did not impersonate as a candidate nor did he instigate anyone to do so.

Counsel for the applicant claims congruence in role with co accused person and seeks parity in relief granted to the co-accused namely, Vipul Yadav, who has been granted bail by the Court on 25.05.2022 in Criminal Misc Bail Application.

Counsel for the applicant contends that the applicant does not have any criminal history apart from the case.

Nafees Ahmad, A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

“I see merit in the submissions of the counsel for the applicant and hold that the applicant is entitled to be enlarged on bail”, the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant-Vijay Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.

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