Allahabad High Court
HARSHITversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court granted bail to the applicant, finding the case fit for release on bail.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Harshit, who was arrested in connection with Crime No. 259 of 2025 under Sections 7 and 13 of the U.P. Public Examination Act. The applicant claimed he was falsely implicated, having been arrested while writing his B.Sc. Agriculture examination in place of a co‑accused, and asserted that he has no prior criminal record. The State opposed the bail, but the court examined the nature of the allegations, the applicant's lack of criminal history, and the risk of tampering or intimidation of witnesses. Without expressing an opinion on the merits, the court found the circumstances suitable for bail. Accordingly, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to standard conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court's eventual judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case arising under Sections 7 and 13 of the U.P. Public Examination Act
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- U.P. Public Examination Act — s. 13, 7
Subjects
- bail
- false implication
- U.P. Public Examination Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- sureties
- examination
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24857 of 2025
Harshit
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Ashish Goyal, Dhirendra Singh Rajput
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashish Goyal, learned counsel for the applicant, Sri Manoj Gautam,
learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 259 of 2025 under Sections 7/13 of U.P. Public Examination
Act, registered at Police Station Itmadpur, District Agra during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 27.6.2025. It is
further submitted that applicant was arrested while he was writing examination of
B.Sc. (Agriculture) in place of co-accused Yashwant Meena. It is further submitted
that applicant has no criminal history and he undertakes that he will not misuse the
liberty, if granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant.
5. As per allegations in the FIR, applicant was arrested while he was writing
examination of B.Sc. (Agriculture) in place of co-accused Yashwant Meena. A
pplicant has no criminal history and he is in jail since 27.6.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Harshit involved in the aforesaid case crime be released on bail
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 :-
BAIL No. 24857 of 2025
2
(i) 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 from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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
on the merits of the case. 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.
May 7, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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