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2025 DAILYLAW 154371 (ALL)

KRISHNA BAHADUR SINGH @ K.B. SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6943/2025 · 2025-07-29

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43621 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6943 of 2025 Applicant :- Krishna Bahadur Singh @ K.B. Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh,Digvijay Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in F.I.R./Case Crime No.0008 of 2025 under Section 12 and 7 of Prevention of Corruption Act, 1988, Police Station Anti Corruption Lucknow. As per the allegations in the F.I.R., on the basis of a complaint made by the informant to the Anti-Corruption Organization, Lucknow, a trap team was constituted by the District Magistrate, Raebareli, comprising two members—Vaibhav Srivastava and Aman Saxena. It is alleged that an amount of Rs.7,000/- in cash was recovered from Lalit Kumar, who is alleged to be a private aide of the applicant. Learned counsel for the applicant submits that the applicant is a government servant and has no criminal antecedents. At the time of the alleged incident, he was under suspension and merely attached to the said place, where he had no authority to make any demand for bribe. Even otherwise, there is no recovery from the applicant. Although the incident is said to have taken place inside the courtroom, where the complainant and independent witnesses were present, none of those independent witnesses are part of the trap proceedings. As per the prosecution case, there is no specific allegation of demand or acceptance of bribe against the applicant. The applicant is in jail since 30.05.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 30.05.2025, has no criminal antecedents, was merely attached to the said office after being placed under suspension, there is no recovery from the applicant, the offence in question is not of such gravity and the maximum punishment provided under Sections 7 and 12 of the Prevention of Corruption Act is up to seven years; the charge-sheet has already been filed in the matter, and without expressing any opinion on the 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 Krishna Bahadur Singh @ K.B. Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 IPC (now Section 269 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 IPC (now Section 209 BNS). Order Date :- 29.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench