BRIKESH PANDEY v. CENTRAL BUREAU OF INVESTIGATION THRU. CBI/ACB LKO.
BAIL/2992/2025 · 2025-04-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132600 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132600 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19963 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2992 of 2025 Applicant :- Brikesh Pandey Opposite Party :- Central Bureau Of Investigation Thru. Cbi/Acb Lko. Counsel for Applicant :- Vashu Deo Mishra,Jai Prakash Awasthi Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Ms. Ayushi Upadhyaya, the learned counsel for the applicant, Sri Anurag Kumar Singh, learned counsel appearing on behalf of the C.B.I. and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.RC0062025A0001, Police Station C.B.I./A.C.B. Lucknow, under Sections 61(2) of B.N.S., 2023 r/w 7 of Prevention of Corruption Act, 1988 (as amended in 2018), pending in the Court of learned Special Judge, Anti- corruption,C.B.I. Court No.2, Lucknow. 3. The aforesaid case has been registered by the Central Bureau of Investigation at about 14.50 hrs. on 04.02.2025 against the applicant and one Ramesh Kumar Tudu @ Ramesh Kumar, stating that complaint dated 03.02.2025 was received from Rohan Gupta alleging that the complainant has been selected as Assistant Branch Postmaster and the accused persons had demanded Rs.25,000/- for allowing him to join his duties. The complaint has been discreetly verified and was substantiated and thereafter the F.I.R. was registered. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely
implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that the entire allegation of demand and acceptance of bribe are against co-accused Ramesh Kumar, who has already been granted bail by means of an order passed today in Crl. Misc. Bail Application No.2984 of 2025. 6. Although the FIR alleges that the applicant had also demanded money, the trap memo does not make any mention of any demand having been made by the applicant. The applicant was arrested from the main gate of the office and nothing has been recovered from him. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicant has no previous criminal history and he is languishing in jail since 05.02.2025 and the other co-accused Ramesh Kumar Tudu @ Ramesh Kumar has been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Brikesh Pandey be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by
the trial court, unless his appearance is exempted by the learned trial court. . [Subhash Vidyarthi, J.] Order Date :- 9.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench