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2025 DAILYLAW 108751 (ALL)

AKASH v. STATE OF U.P.

BAIL/43764/2024 · 2025-05-19

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84986 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43764 of 2024 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal,Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 14 of 2024, under Section of 61 of B.N.S. and 12, 17A Prevention of Corruption Act, Police Station Anti-Corruption Moradabad, District Moradabad, during the pendency of trial. 3. It is argued by learned counsel for the applicant that F.I.R. was lodged against Gurudayal Singh, Assistant Development Officer (Panchayat) and Akash (applicant) and as per the prosecution case, applicant accepted bribe of Rs. 10,000/- on the direction of Gurudayal Singh. The applicant is Private Computer Operator, hence he is not a public servant, therefore, the case of applicant stands on better footing than that of co-accused Gurudayal Singh, who has been granted bail by the Coordinate Bench of this Court vide order dated 04.02.2025 in Criminal Misc. Bail Application No. 41510 of 2024, hence, the applicant, who is languishing in jail since 01.08.2024 having no criminal history to his credit, may be enlarged on bail. 4. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused Gurudayal Singh, on whose direction applicant has accepted bribe, has been granted bail as noted above, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 6. Let the applicant-Akash, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 8. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 20.5.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad