UPTET : Criminal Case against a candidate Who is giving TET Exam in place of his Brother

UPTET : Criminal Case against a candidate Who is giving TET Exam in place of his Brother

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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 662 of 2012

Petitioner :- Ashok Pratap Singh
Respondent :- State Of U.P.
Petitioner Counsel :- I.K. Chaturvedi
Respondent Counsel :- Govt. Advocate

Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that there is no cogent evidence against the applicant connecting him with the alleged offence. He further submits that the allegation against the applicant is that he was appearing in the examination of Teachers Eligibility Test (T.E.T.) in place of his brother Indra Pratap at Rajeev Gandhi D.A.V. Degree College, Banda. He further submits that the applicant has not committed the offence as alleged by the prosecution and the present prosecution has been launched maliciously just to harass, victimise and exert undue pressure on him. He further submits that the applicant has got no criminal history to his credit and there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 13.11.2011. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Ashok Pratap Singh, involved in Case Crime No.982 of 2011, under Sections 420, 467, 468 I.P.C., Police Station Kotwali City, district Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
�(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 6.1.2012
Gaurav
Infromation Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1619688