HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7017 of 2024 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard Shri R.D. Shahi, learned counsel for the applicant, Shri Akash Prasad learned counsel for the C.B.I. and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No.RC0062024A0012/24, under Section 7 Prevention of Corruption Act, 1988 (Amended 2018), Police Station - C.B.I., A.C.B. District - Lucknow. 3. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. 4. It is also submitted on behalf of the applicant that if the case of the prosecution is taken on its face value, even in that eventuality the applicant is entitled to be released on bail. It is for the reason that the applicant is in jail since 18.04.2024 and in this view of the matter the period of incarceration comes to more than 18 months and also that the charge sheet before the court concerned has already been filed, therefore, taking note of this fact there is no possibility of the applicant influencing the witnesses or tampering the evidence. 5. It is further submitted that the applicant is not in a position to influence the witnesses of the fact including the complainant based upon complaint the case was registered and thereafter the applicant was apprehended and Versus Counsel for Applicant(s) : Saubhagya Mishra, Ripu Daman Shahi, Shivendra Pratap Singh Counsel for Opposite Party(s) : Anurag Kumar Singh, Aakash Prasad Sanjay Kumar .....Applicant(s) C.B.I. Thru. Superitendent Of Police Acb .....Opposite Party(s) is in jail since 18.04.2024. The further submission of the learned counsel for the applicant is that taking note of the aforesaid facts, particularly the period of incarceration and the fact that the maximum punishment prescribed for committing the offence under Section 7 of the Prevention of Corruption Act, 1988 (in short "Act of 1988") which is 07 years, the applicant is entitled to be released on bail. 6. It is also submitted that considering the aforesaid facts and circumstances of the case and the fact that the the applicant, who has no criminal history, 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. In these circumstances of the case, the applicant is entitled to be released on bail. 7. Learned counsel for the C.B.I. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 8. Considering the arguments advanced by the learned counsel for the applicant, learned counsel for the C.B.I. and going through the contents of the application, F.I.R., as well as other relevant documents and also that the applicant is having no criminal history, without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 9. Let the applicant - Sanjay Kumar 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 Magistrate/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. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. BAIL No. 7017 of 2024 2 (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. 10. 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. 11. 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. October 15, 2025 ML/- BAIL No. 7017 of 2024 3 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench