Neutral Citation No. - 2025:AHC-LKO:2353 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 135 of 2025 Applicant :- Anil Kumar Shukla Opposite Party :- Central Bereau Of Invevstigation Thru. Acb Lko Counsel for Applicant :- Pranjal Krishna,Suhaib Ashraf Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Pranjal Krishna, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I. 2. As per learned counsel for the applicant, the present applicant is in jail since 26.10.2024 in Case Crime No. RC0062024A0029, under Section 61(2) of Bhartiya Nyaya Sanhita, 2023 (in short "B.N.S.") read with Section 7 of Prevention of Corruption Act, 1988 (as amended in 2018), Police Station- CBI/ACB, Lucknow. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. The applicant is neither a government servant nor he has anything to do with the incident in question, however, he is discharging his duties on contractual basis in a Post Office at Afim Ki Kothi, Pratapgarh. The applicant does not receive any salary from the government exchequer. Though, the alleged amount of bribe has been recovered from his possession in absence of any independent witnesses. Even, there is no shadow witness. The role attributed to the applicant is of tout of the steno of S.S.P.O, Pratapgarh. Charge sheet has been against the applicant. The offence is triable by the Special Court. The maximum punishment is seven years. There is no previous criminal history of any kind whatsoever against the present applicant. 4. Learned counsel has further stated that the applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the applicant is not a government servant, however, he is discharging his duties on contractual basis in a Post Office; the applicant does not receive any salary from the government exchequer; the alleged amount of bribe has been recovered from his possession in absence of any independent witnesses; there is no shadow witness; the role attributed to the applicant is of tout of the steno of S.S.P.O, Pratapgarh; Charge sheet has been against the applicant; the offence is triable by the Special Court; the maximum punishable is seven years; there is no previous criminal history of any kind whatsoever against the present applicant and the undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Anil Kumar Shukla be released on bail in the aforesaid case crime number on his 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 13.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench