HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7412 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and Sri Aakash Prasad, learned counsel appearing for the opposite party/C.B.I. as well as perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in RC No. RC 00620 25 A 0014, under Section- 7 of Prevention of Corruption Act, 1988 (as amended in 2018), Police Station- CBI/ACB Lucknow, District- Lucknow. 3. While pressing the instant bail application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is stated by the learned counsel for the applicant that if the story of prosecution is taken on its face value even then the applicant is entitled to be released on bail. In continuation of the above it is stated that the charge-sheet has already been filed on 14.07.2025 and in this view of the matter there is no possibility of tampering the evidence and further the applicant is not in a position to influence the witness of the prosecution who are complainant and Government officials. 5. It is further stated that there is communication between the complainant Versus Counsel for Applicant(s) : Mohemmed Amir Naqvi, Adarsh Pratap Singh, Amjad Siddiqui, Devesh Singh Counsel for Opposite Party(s) : Aakash Prasad Prince Kumar Jha .....Applicant(s) Central Bureau Of Investigation / Acb Lko .....Opposite Party(s) and the applicant but based upon that conversation it would be very difficult for the prosecution to establish the guilt of the applicant before the trial Court as the recovery of the alleged amount is from third person who has also been implicated in the present case. 6. It is further stated that the prosecution before the trial Court has to establish essential ingredients to attract the offence under Section 7 of the P.C. Act as has been explained in the case passed by the Hon'ble Apex Court in the case of Neeraj Dutta vs. State (Government of NCT of Delhi), (2023) 4 SCC 731. 7. It is submitted that considering aforesaid, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 8. Learned counsel for the opposite party opposed the prayer of the applicant. However, he could not dispute the above contentions made by the applicant's counsel. 9. Considering the arguments advanced by the learned counsel for the applicant, learned counsel for the opposite party and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the ingredients of Section 7 of P.C. Act, 1988 and also the facts related to recovery of alleged amount and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Prince Kumar Jha be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. BAIL No. 7412 of 2025 2 (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. November 3, 2025 Anurag BAIL No. 7412 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench