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2025 DAILYLAW 145715 (ALL)

HARGOVIND v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/5231/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35203 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5231 of 2025 Applicant :- Hargovind Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard Shri Kaustubh Singh, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.06 of 2025, under Section 7 of the Prevention of Corruption Act, 1988, Police Station- Anti Corruption Jhansi, District- ACO UP. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is further submitted that all the papers were already transmitted to the Treasury of the concerned District for payment of the retirement dues etc. No work was pending on the table of the applicant. It is further submitted that as per the prosecution case the applicant has taken money for transferring/giving the same to Sonu Mangal, Up Sambhagiya Krishi Prasar Adhikari, but he has not been made accused. It is further submitted that since the charge-sheet has already been filed, there is no possibility of tampering with the evidence. The applicant is in jail since 12.03.2025. In these circumstances, the applicant may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that the applicant was trapped by the Anti-Corruption Organization, Jhansi Unit but he does not dispute the fact that Sonu Mangal, Up Sambhagiya Krishi Prasar Adhikari has not been made accused. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, as per the prosecution case the money was accepted by the applicant on behalf of Sonu Mangal, Up Sambhagiya Krishi Prasar Adhikari, but he has not been made accused, I find it to be a fit case for grant of bail. 6. Let the applicant- Hargovind, 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 IPC. (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., 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 IPC. (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. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. With the above direction, the bail application is allowed. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench