The Allahabad High Court has granted conditional bail to a man accused of appearing in the SSC Examination on another’s admit card.
A single-judge bench of Justice J.J. Munir passed this order while hearing a Criminal Misc Bail Application filed by Shyam Babu Yadav.
This is an application for bail on behalf of the applicant, in connection with Case under Sections 120B, 419, 420, 467, 468, 471 IPC and Section 6/10 U.P Public Examination Act, P.S Puramufti, District Prayagraj.
It is submitted by counsel for the applicant that the applicant has been prosecuted in the instant case for appearing in the SSC Examination on another’s admit card, whereas the fact is that he is not a proxy candidate.
It is submitted that on account of some technical failure, there was an error in recognising the applicant’s photograph on the identity card, that has led to the applicant’s implication.
It is argued that co-accused Ramesh Kumar, similarly circumstanced, has been granted bail by Justice Ram Krishna Gautam by order dated January 7, 2022 passed in Criminal Misc Bail Application, entitling the applicant to bail on the foot of parity. The applicant has no criminal history and has been in jail since October 25, 2021.
“Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant does not appear to be a proxy candidate prima facie, the fact that charge against the applicant has arisen on account of technical failure, where his photograph has not been identified, the fact that similarly circumstanced Ramesh Kumar, has been admitted to bail by the Court, entitling the applicant to bail on the foot of parity, the fact that the applicant has no criminal history and is in jail since October 23, 2021, the Court is of opinion that the applicant is entitled to bail,” the Court observed while allowing the Bail Application.
The Court ordered that,
Let the applicant – Shyam Babu Yadav involved in Case under Sections 120B, 419, 420, 467, 468, 471 IPC and Section 6/10 U.P Public Examination Act, P.S Puramufti, District Prayagraj be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial court.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before the Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.