Sunday, 20 September 2015

COPYING IN EXAMINATION HALL 420 PPC AMD UNIVERSITY ACT



IN THE COURT OF NAME OF THE JUDGE , JUDL:MAGISTRATE SECTION-30, XYZ.

Jhon ( petitioner)                Verses.                  The State.

Case FIR No.000/yyyy, Offence U/S 420 PPC & u/s 3 of University Act, Police Station  abc, xyz.

POST ARREST BAIL APPLICATION.

ORDER.

                   As per certificate annexed with this post arrest bail application, this is the first post arrest bail application filed on behalf of the accused/petitioner in case FIR No.00O/YYYY, offence u/s 420 PPC & u/s 3 of University Act, 1999, registered with the  above stated police station on the allegation that accused/petitioner is involved in copying in the Examination Hall in the University Exams therefore, accused/petitioner  committed cheating.
2.                Brief facts of the application are that the accused is innocent and the FIR is based on wrong facts, baseless story. That  the accused is noble and previously non-criminal record holder citizen. That the accused is in judicial custody. That the offence does not fall within the ambit of prohibitory clause. The present case was registered and the accused was arrested and sent to judicial lockup. Learned counsel for the accused/petitioner argued and prayed for acceptance of the application.
3.                Learned ADPP opposed this application and also argued and prayed for dismissal of the application.
4.                Arguments heard. Record perused.
5.                After hearing the arguments and perusing the record it is found that the offence u/s 420 PPC is bailable in nature. Where the offence u/s 3 of University Act does not falls within the ambit of prohibitory clause section 497 Cr.P.C. The accused is no more required by the police for further investigation. The case is one of further investigation and inquiry. Hence bail petition is hereby allowed subject to submission of Bailbonds of Rs.30,000/- with one local surety in the like amount for the satisfaction of the court. This order be placed in the judicial file.
Announced.
dd-mm-yy
Judl:Magistrate Sec-30

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