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2025 DAILYLAW 153335 (ALL)

SANJAY KUMAR SINGH @ SANJAY SINGH v. CENTRAL BEREAU OF INVESTIGATION THRU. CBI/ACB LKO.

BAIL/6797/2025 · 2025-08-01

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44826 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6797 of 2025 Applicant :- Sanjay Kumar Singh @ Sanjay Singh Opposite Party :- Central Bereau Of Investigation Thru. Cbi/Acb Lko. Counsel for Applicant :- Pranjal Krishna,Arpan Prakash Srivastava Counsel for Opposite Party :- Anuuj Taandon Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Pranjal Krishna, learned counsel for the applicant and Sri Anuuj Taandon, learned counsel for the CBI. 2. Sri Anuuj Tandon ha filed counsel affidavit, the same is taken on record. 3. The present applicant is in jail since 15.06.2025, in Crime No. RC0062025A0016, under Section 61(2) of BNS r/w 7 of P.C. Act at P.S. CBI/ACB, Lucknow. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated as he has not committed any offence. 5. The applicant is serving on the post of Assistant Superintendent of Post Offices. Further, the present applicant has not been caught red handed. As a matter of fact, the alleged amount of bribe has not been transferred in his account, whereas the alleged amount of bribe has been transferred in the account of one Mr Atma Giri, who is Assistant Branch Post Master. On his confession statement, the present applicant has been implicated. The present applicant is having no criminal history. His service record has been unblemished and no complaint of any kind whatsoever has been alleged against him in respect of service career. The relevant Section under which the First Information Report has been lodged are having punishment up to 7 years. The case is tribal by Special Judge. Learned counsel has stated that the investigation is pending and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of bail. 6. Sri Anuuj Taandon has vehemently opposed the present bail application by submitting that it was the modus operandi of the present applicant to manage that the amount of bribe be transferred in the account of one Atma Giri. Thereafter, he could receive the said amount from him, and the CBI has collected incriminating material to that effect. 7. Since the investigation is going on, therefore, the corporation of the present applicant is very much required. 8. Having heard learned counsel for the parties and having perused the material available on record, since the present applicant is a Government Officer, he has given undertaking to cooperate in the investigation, being a Government Officer, therefore, there is no apprehension of absconding, the offence under which the First Information Report has been lodged are having punishment up to 7 years and neither he has been caught red handed nor the amount of bribe has been transferred in his account, so I find it appropriate that the present applicant maybe enlarged on bail. 9. The bail application is allowed. 10. Let the applicant- Sanjay Kumar Singh @ Sanjay Singh, be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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 of the Indian Penal Code/ 269 of the B.N.S., 2023. (iii) 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 of the B.N.S.S., 2023 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 of the Indian Penal Code/ 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./ 351 of the B.N.S.S., 2023. 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. (v) The applicant shall not leave India without previous permission of the court. 11. The present applicant shall appear before the investigating officer on 8th August, 2025 at 11:00 AM within 48 hours after release from jail to cooperate in the investigation and shall further corporate in the investigation till filing of the chargesheet, failing which the benefit of this order may be withdrawn on application being filed by the CBI. Order Date :- 1.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench