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2025 DAILYLAW 110763 (ALL)

PRADEEP KUMAR v. STATE OF U.P.

BAIL/45465/2024 · 2025-05-25

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89323 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45465 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shishir Tandon 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.10 of 2024, under Sections 7/13(1)B/13(2) Prevention of Corruption Act, Police Station- Anti Corruption, Prayagraj, District- Prayagraj during the pendency of trial. 3-As per the prosecution case in brief, the applicant who is Lekhpal was caught red handed while accepting bribe of Rs. 6,000/-. 4-The main substratum of argument of learned counsel for the applicant is that the applicant has been falsely implicated in this case and in this regard, he has made several other submissions to establish the innocence of the applicant by contending that wrong complaint has been moved in order to pressurize the applicant so that he may give false report in favour of the complainant. No application of the complainant was pending. The applicant has neither demanded nor accepted bribe money as alleged by the prosecution. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 11.11.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail in the light of allegations levelled in F.I.R. 6- Having heard the submissions of learned counsel for the parties and perusing the record, I find that it is not in dispute that the applicant was caught red handed while accepting bribe of Rs. 6,000/-. The offences under the Prevention of Corruption Act stands as a different class as they affect fabric of the society. As on date there is no credible material on record to presume the false implication of the applicant, hence, I do not find any good ground on merit to enlarge the applicant on bail. 7- Accordingly, the bail application is rejected. 8- It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. 9. However, considering the detention period of the applicant, the trial court is directed to frame the charges against the applicant within three weeks. If the same has not been framed, thereafter the trial has fixed the date for recording the statement of the complainant. 10- The Superintendent of Police, Anti Corruption, Prayagraj is directed to ensure the production of the complainant on the date fixed before the trial court. 11- On appearance of the complainant, trial court shall record statement on the same day without granting any adjournment to either of the parties. Opportunity of cross-examination to the defence/accused shall also be afforded in continuation of the examination-in-chief of the witnesses. Order Date :- 26.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad