Neutral Citation No. - 2025:AHC:28389 Court No. - 78 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1205 of 2025 Applicant :- Sushil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Arun Kumar,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Ankit Shukla, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the records. 3. The anticipatory bail application under Section 482 BNSS has been filed by the applicant Sushil Kumar, seeking anticipatory bail, in the event of arrest in Case Crime No. 20 of 2022, under Sections 7/13(1)(d), 13(2) of Prevention of Corruption Act, 1988, Police Station Dhampur, District Bijnor. 4. The FIR of the matter was lodged on 17.01.2022 by Inspector Smt. Rakhi of Anti-corruption Department, Moradabad Division, Moradabad Uttar Pradesh against the applicant with the allegation that there had been a letter dated 30.06.2020 of Joint Secretary, Home (Police Services), Government of Lucknow, U.P. stating of corruption of Rs. 2 lakh by the Deputy Superintendent of Police Sushil Kumar the then Circle Officer, Dhampur, District Bijnor, the investigation of which was given to her. In the investigation it was discovered that the Deputy Superintendent of Police Sushil Kumar was appointed on 04.07.1989 to the Post of Sub-Inspector. When he was posted as Circle Officer, Dhampur then a complaint of corruption of Rs. 2 lakh was reported by Anil Sirohi of which an audio CD was given. In the conversation as recorded in the CD work not being done and the amount being returned is referred to and the said CD was sent for its verification and testing at the Forensic Science Lab where the accused Sushil Kumar Deputy Superintendent of Police was to go for comparison of voice sample in which three dates were fixed but the accused did not appear for the comparison of the voice sample. The Forensic Science Lab through its first letter dated 25.02.2021 fixed 24.03.2021, then through a second letter dated 17.06.2021 fixed 30.06.2021 and then third time through letter dated 04.08.2021 fixed 21.08.2021 for it but the accused Sushil Kumar did not appear before the Forensic Science Lab intentionally. Thus it appears that he is not cooperating therein. The testing and tampering in the said CD is to be tested by the Forensic Science Lab which was tested therein and no such tampering was found. On an enquiry by Superintendent of Police Traffic, Moradabad through letter dated 30.08.2019 the allegations against accused were prima facie found correct. In the enquiry it transpired that the accused had in Case Crime No. 330/2017 under Section 2/3 Gangsters Act, P.S. Suhara, District Bijnor taken money for exonerating accused therein. The said act is thus punishable under Section 7, 13(1)(d) r/w Section 13(2) of the P.C. Act, 1988. The FIR of the matter was thus lodged under the said sections. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that there is no compliance of Section 65-B of the Evidence Act. It is submitted that the applicant had appeared before the Investigating Officer and his statement under Section 161 Cr.P.C. was recorded, copy of which has been placed before the Court which is at page 221 of the paper book. It is further submitted that the allegation against the applicant is of not cooperating in the investigation, is false and incorrect. Further while placing para 50 of the affidavit it is submitted that the investigation in the present matter is going on and no charge sheet has been submitted. It is submitted that the applicant has no criminal history as stated in para 51 of the affidavit. 6. Per contra, learned counsel for the State opposed the prayer for anticipatory bail and submitted at the very first instance the fact that the applicant has no criminal history to his credit is false and incorrect inasmuch as he is involved in a case of corruption which is being investigated in which he has failed to appear before the Forensic Science Lab. Further, it is submitted while placing para 49 of the affidavit that non bailable warrants have been issued against the applicant in the present matter since he is not cooperating in the investigation. It is submitted further that the allegations in the present matter are serious in nature. The applicant being a government servant is avoiding his appearance before the Forensic Science Lab for giving his voice sample for being tested which is totally objectionable. It is submitted that the anticipatory bail be thus rejected. 7. After having heard the counsels for the parties and perusing the records, it is evident that the allegations against the applicant is of not appearing before the Forensic Science Lab to give his sample of voice for testing for charges of corruption. The applicant has not been cooperating with the Forensic Science Lab. The applicant has been avoiding the process of investigation. Non bailable warrants in the present matter has been issued against him. There is no ground for interference in the matter, the anticipatory bail application is thus rejected. Order Date :- 28.2.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad