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Neutral Citation No. - 2025:AHC:20753 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4504 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Surabhi Soni,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Ms. Neeja Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Vinod Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 877 of 2024, under Sections 7, 13(1)B, 13(2) Prevention of Corruption Act, registered at Police Station Baghpat, District Baghpat (converted Case Crime No. 13 of 2024, P.S. Anti-Corruption Unit Meerut, Division Meerut). 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant was then the Revenue Lekhpal of Tehsil Sadar Baghpat, District Baghpat. It is submitted that the allegations against the applicant are false. While placing para 17 of the affidavit it is submitted that charge sheet in the matter has been submitted against the applicant on 12.12.2024, copy of the charge sheet is annexed as annexure 7 to the affidavit. It is submitted that since the investigation has concluded there are no chances of the applicant tampering with evidence. It is further submitted that the applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 18.10.2024. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a Revenue Lekhpal. Charge sheet in the matter has been submitted on 12.12.2024 on which the court concerned has taken cognizance vide order dated
13.12.2024. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8.
Let the applicant Vinod Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties of the applicant will be his family member and the other to be of local person) 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (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 will not misuse the liberty of bail in any manner whatsoever.
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 I.P.C. (v) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. Order Date :- 13.2.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad