This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 13.8.2025 by Police Station- City Kotwali, District Bhind in connection with Crime No.303/2025, registered in relation to the offence punishable under Sections 318 (4), 319 (2), 336 (3), 506, 338, 340 (1), 340 (2), 61 (2) of BNS and 3/4 of Examination Act.

As per the prosecution case, the present matter has arisen out of a complaint submitted by the Office of the Commandant, 17th Battalion SAF, Bhind. It is alleged that a candidate namely Vishnu (son of Bharat Singh) entered into a criminal conspiracy to obtain fraudulent selection in the Police Constable Recruitment Examination. According to the prosecution, the said Vishnu arranged for a solver, namely co-accused Amarendra alias Bahubali, to appear in the examination in his place. During the process of document verification, the stenographer verified the biometric history and found that Vishnu had deliberately altered his Aadhaar biometrics both prior to and after the examination, in order to facilitate the act of impersonation. On the basis of the said allegations, FIR was registered at Police Station City Kotwali, Bhind against the accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. Learned counsel further submits that if the entire prosecution story is taken at its face value and presumed to be true for the sake of argument, the only allegation against the present applicant is that he allegedly appeared as a solver in the examination. There is no allegation to suggest that the present applicant was the main beneficiary of the alleged offence. On the contrary, the prosecution story itself indicates that the prime accused and main beneficiaries are the other co-accused persons, including the candidate Vishnu. The applicant has no direct connection with the alleged beneficiary candidate Vishnu, nor with the examination centre at Bhind. There is no material on record to show any prior meeting of minds or active participation of the applicant in the alleged offence. Learned counsel submits that the entire prosecution case against the applicant is based solely on assumptions and presumptions, without any cogent or independent evidence. Trial will take time for its conclusion. The applicant is permanent resident of Barabanka, Bihar and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two local solvent sureties of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

          1. The applicant will comply with all the terms and conditions of the bond executed by him;

          2. The applicant will cooperate in the investigation/trial, as the case may be;

          3. The applicant will not indulge themselves in extending 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 the Police Officer, as the case may be;

          4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

          5. The applicant will not seek unnecessary adjournments during the trial; and

          6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.