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2025 DAILYLAW 1531 (ALL)

NIRIKSHAK RAMESH SINGH SIDDHU v. STATE OF U.P.

BAIL/45095/2025 · 2026-02-25

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45095 of 2025 Court No. - 53 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Rajan Mishra, learned counsel for the applicant, Sri Birendra Pratap Singh, learned A.G.A. for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Nirikshak Ramesh Singh Siddhu, seeking enlargement on bail during trial in connection with Case Crime No. 0396 of 2025, under Sections 7, 13(1)(b), 13(2) Prevention of Corruption Act, 1988, and Section 173 B.N.S., registered at P.S. Sihani Gate, District- Nagar Commissionerate Ghaziabad. 4. The facts of the case are that on 20.11.2025 the police informer informed the informant that Ramesh Singh Siddhu, Sub-Inspector, Posted in Crime Branch, Commissionerate Ghaziabad is investigating Case Crime No. 691 of 2025, under Sections 336(3), 319(2), 318(4), 3(5) BNS and Section 8/22/29/37/60 NDPS Act, in which some accused are in jail and some accused are absconding and in order to give benefit to the accused, he in his car no.UK06KA0125 has taken bribe money from Rahul Sharma and hidden it in his car which is standing in the Crime Branch premises. On the said information Additional Police Commissioner, Nandgram, summoned police officials and informed them who then went to the said place and on the pointing out of the police informer got the said vehicle opened and on asking the accused stated it is Versus Counsel for Applicant(s) : Rajan Mishra Counsel for Opposite Party(s) : G.A. Nirikshak Ramesh Singh Siddhu .....Applicant(s) State of U.P. .....Opposite Party(s) his vehicle and on search found Rs.3,87,000/- in the dashboard. The accused was informed about the reasons and ground of his arrest and arrested and the said money was recovered. The F.I.R. was lodged on the basis of the said recovery memo. 5. Learned counsel for the applicant argued that recovery of the alleged money is from the car and not from the possession of the applicant. While placing para-21 of the affidavit in support of bail application it is submitted that the applicant has some agricultural land and his wife has taken agricultural loan and the money was withdrawn to buy jewellery for his daughter's marriage, copy of the bank statement showing withdrawal of Rs.4,50,000/- on 09.10.2025 has been placed before the Court which is annexure no. 4 to the affidavit in support of bail application. Further while placing para-22 of the affidavit it is submitted that the said money as recovered, is the money which has been withdrawn as cash from the bank loan of the applicant and is not illegal money. It is further submitted that while placing para-17 of the affidavit that Section 7 of the Prevention of Corruption Act, 1988 is not made out as there is no evidence regarding any demand and acceptance of bribe money. It is submitted while placing supplementary affidavit dated 08.2.2026 that charge sheet in the matter has been submitted against the applicant and Rahul Sharma on which the court concerned has taken cognizance vide order dated 20.1.2026, copy of the said charge sheet has been placed before the Court which is annexure no. S.A.-1 to the said supplementary affidavit. It is further submitted that the applicant has no other criminal antecedents as stated in para-26 of the affidavit and is in jail since 21.11.2025. 6. Per contra, learned State counsel opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the record, it is evident that recovery of alleged money is from the dashboard of car of the applicant. The recovery is of Rs.3,87,000/-. The case of the applicant is that the applicant had withdrawn Rs.4,50,000/- in cash from the bank account of his wife on 09.10.2025, out of the said amount, the recovered money was kept for purchase of jewellery for marriage of his daughter. There is nothing on record to show any demand and acceptance of bribe money. Investigation in the matter has concluded and charge BAIL No. 45095 of 2025 2 sheet has been submitted on which the court concerned has taken cognizance. 8. 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. 9. Let the applicant- Nirikshak Ramesh Singh Siddhu, be released on bail in the aforesaid case crime number on 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 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 84 BNSS, 2023 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 209 BNS, 2023. (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 351 BNSS, 2023. If in the opinion BAIL No. 45095 of 2025 3 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 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. February 26, 2026 Naresh BAIL No. 45095 of 2025 4 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad