SUNIL KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 36642 of 2025

Sunil Kumar
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Mohit Kumar, Suvansit Kumar Jaiswal
Counsel for Opposite Party(s) : G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Mohit Kumar, learned counsel for the applicant and Sri B.P.
Singh, 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. 561 of 2025. Under
Section 318(4), 338, 336(3) and 340(2) Bhartiya Nyay Sanhita, 2023 and
Section 38 of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016 and Section 4/13 Uttar
Pradesh Public Examination (Prevention of Public Unfair Means) Act,
2024, Police Station Hapur Nagar, District Hapur, during pendency of the
trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 7.9.2025. It is further submitted that
the applicant was arrested with two Aadhaar Cards bearing different dates
of birth, and on the basis of the said Aadhaar Cards, he is alleged to have
obtained two admit cards and to have appeared in the examination twice
using the said admit cards. It is further submitted that the applicant has no
criminal history. It is also submitted that the applicant 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.
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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, the applicant was arrested with two
Aadhaar Cards bearing different dates of birth, and on the basis of the said
Aadhaar Cards, he is alleged to have obtained two admit cards and to
have appeared in the examination twice using the said admit cards. The
applicant has no criminal history.

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- Sunil Kumar 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 :-

(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
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                                    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.



                                                                                      (Jitendra Kumar Sinha,J.)
                                    April 2, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad