Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 19336 (ALL)

MUKESH KUMAR v. CENTRAL BUREAU OF INVESTIGATION

BAIL/25385/2025 · 2025-07-23

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121269 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25385 of 2025 Applicant :- Mukesh Kumar Opposite Party :- Central Bureau Of Investigation Counsel for Applicant :- Aditya Gupta,Ajay Kumar Pandey,Rahul Saxena Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Aditya Gupta, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel appearing for the CBI. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in R.C.No.1202024 A 0011, under Section 61 BNS read with Sections 7 and 7A Prevention of Corruption Act,1988 and substantial Section 7A Prevention of Corruption Act, Police Station CBI, ACB, Ghaziabad, District Ghaziabad pendency of the trial. 3. Learned counsel for the applicant submits that in the present matter applicant has already been released on bail by this Court for offences under Sections 7 and 7A Prevention of Corruption Act vide order dated 14.7.2025 passed in Criminal Misc.Bail Application No. 35368 of 2024 but he is also detained in jail in the present matter with regard to offence under Section 61 BNS and as for principal offences he has already been released on bail, therefore, he should also be enlarged on bail for offence under Section 61 BNS. 4. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since July, 2024, i.e., for the last more than a year. 5. Per contra, learned counsel appearing for the CBI although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the fact that in the instant matter applicant has already been released on bail for offences under Sections 7 and 7A Prevention of Corruption Act, therefore, in view of this Court, he is also entitled to be released on bail for offence under Section 61 BNS. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Mukesh Kumar 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 24.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad