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2025 DAILYLAW 154141 (ALL)

DR. SOMESH NIGAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6908/2025 · 2025-07-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43292 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6908 of 2025 Applicant :- Dr. Somesh Nigam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Kushagra Kanodia,Akhilesh Pratap Singh,Anurag Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.9 of 2025, under Sections 7 of Prevention of Corruption Act, P.S. Lucknow Sector (Vigilance Department), District Lucknow. In the prosecution case it is alleged that a bribe of Rs.25,000/- was demanded by the applicant from the complainant who made a complaint on 29.04.2025. On that complaint, a trap team was constituted and applicant is alleged to have been caught red handed. Learned counsel for the applicant submits that a complaint was made on 29.04.2025 however, the F.I.R. has been registered on 26.05.2025. He submits that no verification of demand made by the applicant was done. The F.I.R. was not registered after the complaint. Applicant is posted in District Unnao and from District Unnao he was taken to the District Lucknow Vigilance Office and there his hands were washed. There is absolutely no evidence regarding demand made by the applicant. There is no voice recording of the conversation of the applicant with the complainant, no phone call has been made or received by the applicant to the complainant on the alleged date of arrest. Admittedly, the recovery has been made inside the room of the applicant in his office however, neither any shadow witness nor police party were present inside the room. He submits that it is a case of false implication. He submits that the applicant is in jail since 26.05.2025. Applicant has no previous criminal history. Learned A.G.A. has opposed the bail prayer and submits that investigation is going on. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 26.05.2025, applicant has no previous criminal history, the manner in which the trap has been conducted, the maximum punishment under Section 7 of the P.C. Act, applicant shall cooperate in the investigation and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Dr. Somesh Nigam be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 28.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench