RAVINDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/4457/2025 · 2025-07-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140890 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140890 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4457 of 2025 Applicant :- Ravindra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vishwas Shukla,Devendra Kumar Rai,Ram Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant had applied for an electricity connection for irrigation purposes. Subsequently, he was called by the applicant, who was serving as a Junior Engineer. The applicant assured him that a survey would be conducted and instructed him to follow the directions of his associate, Alok Kumar Mishra. It is further alleged that Alok Kumar Mishra later contacted the complainant and demanded a sum of 17,000. Based on a complaint lodged by ₹ the complainant on 20.03.2025 at 09:00 a.m., Alok Mishra was apprehended red-handed while accepting 16,000. ₹
Learned counsel for the applicant submits that the applicant was not caught red-handed and has been falsely implicated. It is further submitted that co-accused Alok Kumar Mishra, from whom the recovery was made, has already been granted bail by a coordinate Bench of this Court vide order dated 29.04.2025, passed in Criminal Misc. Bail Application No. 3557 of 2025. The maximum punishment prescribed for the alleged offence is seven years. The applicant is in custody since 21.03.2025, and the charge sheet has already been submitted. It is further submitted that there is no possibility of the
applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the bail granted to co-accused Alok Kumar Mishra, the fact that the applicant is a government servant with no prior criminal history, and he has been in jail since 21.03.2025, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Ravindra Kumar involved in Case Crime No.0001 of 2025 under Sections 12 & 7/7A of Prevention of Corruption Act, P.S. Anticorruption Banda, District Banda. 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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.
(v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS).
Order Date :- 3.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench