SOMNATH GUPTA v. CENTRAL BUREAU OF INVESTIGATION THRU. CBI/ACB LKO.
BAIL/9190/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9190 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Pranjal Krishna, learned counsel for the applicant, Sri Anurag Kumar Singh, learned counsel appearing on behalf of C.B.I./A.C.B. and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.RC0062025A0019, under Section 7 of Prevention of Corruption Act, 1988, registered at Police Station CBI/ACB, Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.07.2025 in furtherance of a written complaint of the same date stating that the complainant's firm had completed some works for M.E.S. Kanpur under a contract and his bill for Rs.9,50,000/- was pending out of which payment of Rs.7,04,000/- was under proces. Out of this amount Rs.2,80,000/- was to be paid through the applicant who was posted as a Junior Engineer in the office of Garrison Engineer, Chakeri, Kanpur and he was demanding Rs.7,000/- as bribe for making the aforesaid payment. 4. On the basis of the aforesaid complaint and the F.I.R. a trap was laid and the applicant was caught red handed while receiving Rs.20,500/-. 5. The learned counsel for the applicant has relied upon a chart titled 'Appendix B' annexed with the bail application, wherein particulars of the bills of the complainant's firm are mentioned and there is no bill for Rs.2,80,000/- or for the alleged sum of Rs.9,50,000/-. The procedure of processing of bill is apparent from the chart which shows that it passes through various authorities which do not include a Junior Engineer, which post is held by the applicant. 6. In the affidavit filed in support of the bail application it has been stated that Versus Counsel for Applicant(s) : Pranjal Krishna, Shahla Zubair, Suhaib Ashraf Counsel for Opposite Party(s) : Anurag Kumar Singh Somnath Gupta .....Applicant(s) Central Bureau Of Investigation Thru. Cbi/Acb Lko. .....Opposite Party(s)
the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history. 7. Per contra, the learned counsel appearing on behalf of the C.B.I. has submitted that the applicant has been caught red handed in a trap and he is not entitled to be enlarged on bail. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the submissions of the learned counsel for the applicant, coupled with the fact the investigation already stands concluded by submission of a charge sheet on 09.09.2025; that the applicant has no criminal history, he is languishing in jail since 12.07.2025 and the applicant being in Central Government service there appears to be no reasonable apprehension of his absconding from the process of law and without making any observation, which may affect the merits of the case, 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 crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Somnath Gupta be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. September 25, 2025 Ram. BAIL No. 9190 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench