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2025 DAILYLAW 199313 (ALL)

ARUN KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

BAIL/7520/2025 · 2025-10-27

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7520 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution case, the allegation against the applicant is that he demanded a bribe of Rs. 25,000/- from the complainant for submitting a report in her favour to prevent the demolition of her house. It is stated that the parties later agreed that Rs. 10,000/- would be paid in advance and the remaining Rs. 5,000/- after submission of the report. Acting on the complaint made by the complainant, a trap team was constituted, and after completing all necessary formalities, the complainant reached the location indicated by the accused-applicant. The trap team, along with public witnesses, was also present there. As soon as the accused received Rs. 10,000/-, he was apprehended by the trap team, and the said amount was recovered from the pocket of his shirt. Learned counsel for the applicant submits that the applicant is a government employee and the offence under Section 7 of the Prevention of Corruption Act carries a maximum punishment of seven years. It is further submitted that the charge sheet has already been filed, and the applicant is in custody since 31.05.2025 without any prior criminal antecedents. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Santosh Kr. Yadav Warsi Counsel for Opposite Party(s) : G.A. Arun Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail application, stating that apart from the recovery of tainted notes, the shirt worn by the applicant was also sent to the FSL, where traces of phenolphthalein were found. Considering that the maximum punishment prescribed for the alleged offence is seven years, the charge sheet has been filed, and the applicant, having no prior criminal antecedents, is in custody since 31.05.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Arun Kumar involved in Case Crime/F.I.R. No.- 0003/2025, U/S-7 Anti-Corruption Act, P.S.- Anti-Corruption, Ayodhya, District- Ayodhya, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. BAIL No. 7520 of 2025 2 (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 27, 2025 R.C. BAIL No. 7520 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench