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2025 DAILYLAW 156651 (ALL)

MATA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/7502/2025 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47004 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7502 of 2025 Applicant :- Mata Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Kaustubh Singh, learned counsel for the applicant, Shri Manish Kumar Pandey, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.11 of 2024 under Sections 7 of Prevention of Corruption Act registered at Police Station- Anti-Corruption Jhansi, District- A.C.O., U.P.. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.12.2024 against three persons, including the applicant, stating that a co-accused person Krishna Babu Khare, who was working as a Revenue Inspector, had demanded illegal gratification from the informant for issuing an Airship Certificate. A trap was set-up on this information. On the instructions of co-accused Mata Prasad, Revenue Inspector, the complainant handed over Rs.5000/- to the applicant who is a private person. Another co-accused person Saurabh Yadav had counted the notes. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Co-accused- Krishna Babu Khare, who holds a public office and who had demanded the illegal gratification has already been granted bail by means of an order dated 11.07.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 2049 of 2025. 6. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations against the applicant have been established during investigation and a charge-sheet has been submitted on 15.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation of demand of bribe was made against Krishna Babu Khare, the applicant is not a public servant and the public servant who has demanded bribe has already been granted bail; that the applicant has no criminal history and he is languishing in jail since 22.12.2024 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mata Prasad be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 12.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench