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2025 DAILYLAW 140043 (ALL)

ACHCHE LAL v. CENTRAL BUREAU OF INVESTIGATION THRU. CBI.ACB LKO.

BAIL/4151/2025 · 2025-06-16

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35654 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4151 of 2025 Applicant :- Achche Lal Opposite Party :- Central Bureau Of Investigation Thru. Cbi.Acb Lko. Counsel for Applicant :- Jai Prakash Awasthi,Aadarsh Mishra,Vashu Deo Mishra Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajeev Singh,J. 1. Counter affidavit filed on behalf of opposite party- C.B.I. is taken on record. 2. Heard learned counsel for the applicant, Shri Anurag Kumar Singh, Special Counsel for C.B.I. and perused the material available on record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Crime No.RC0062025A0001, under Section 61(2) of B.N.S. read with Section 7 of Prevention of Corruption Act, 1988 (as amended in 2018), Police Station- CBI/ACB, Lucknow. 4. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 05.02.2025. He further submits that the applicant was posted as Personal Assistant to Sub Divisional Inspector, namely, Ramesh Kumar Tudu @ Ramesh Kumar. As per the prosecution case, on instructions of Ramesh Kumar Tudu, Sub Divisional Inspector, the money was given to the applicant and it was informed to the applicant that he had to receive the money for the aforesaid officer and thereafter trap was done by the officials who gave the money in question. He further submits that that the applicant has no concern with the said money and the aforesaid officer, namely, Ramesh Kumar Tudu @ Ramesh Kumar, Sub Divisional Inspector has already been granted bail by this Court vide order dated 09.04.2025 passed in Criminal Misc. Bail Application No.2984 of 2025. He further submits that the charge sheet has already been filed and trial is not likely to be concluded in near future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Shri Anurag Kumar Singh, learned Special Counsel for C.B.I. has vehemently opposed the prayer for grant of bail to the applicant and submitted that money was recovered from the possession of applicant. However, he does not dispute the fact that the money in question was to be given to Ramesh Kumar Tudu, Sub Divisional Inspector. 6. Considering the rival submissions of learned counsel for the applicant, learned Counsel for C.B.I. and going through the contents of FIR as well as other relevant material available on record as also the fact that the money was handed over to the applicant which was to be given to Ramesh Kumar Tudu, Sub Divisional Inspector and the main accused Ramesh Kumar Tudu has already been granted bail by this Court vide order dated 09.04.2025, I am of the view that the applicant is entitled to be released on bail. 7. The bail application is allowed. 8. Let the applicant- Achche Lal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 I.P.C./269 B.N.S. (v) 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./84 B.N.S.S. may be issued and if 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 I.P.C./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench