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2025 DAILYLAW 202619 (ALL)

DEEPAK PRAKASH JYOTI @ D.P. JYOTI v. CENTRAL BUREAU OF INVESTIGATION THRU. SUPERINTENDENT OF POLICE ANTI. CORRUPTION BRANCH, LKO.

BAIL/10431/2025 · 2025-10-28

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10431 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and Sri Aakash Prasad, learned counsel for the side opposite as well as perused the record. 2. The present bail application has been filed by the applicant seeking bail in Crime No. RC0062025A0007 dated 03.03.2025, under Sections 61(2) r/w Sections 112 and 316(5) B.N.S. and Sections 7, 7A and 8 of Prevention of Corruption Act, 1988 (as amended in 2018) and substantive offences Under Section 112 of B.N.S., Police Station-CBI/ACB/Lucknow, District-Lucknow. 3. The submissions of learned counsel for the applicant is that the applicant is innocent and has been falsely been implicated in the case. 4. It is further submitted that accused had hatched a criminal conspiracy in connivance with certain appearing candidates to leak the question paper for departmental examination for the post of Chief Loco Inspector (CLI) in East Central Railways (ECR), Deen Dayal Upadhyaya (DDU) Nagar in exchange of illegal gratification, which examination was proposed to be conducted on 04.03.2025. 5. It is further stated that co-accused namely Sushant Prashar alias Sushant Parashar, Ramayan, Ajit Kumar Singh, Niraj Kumar Verma, Raj Narayan Singh Yadav alias R.N.S. Yadav, Surjeet Singh, Rakesh Kumar, Sanjay Kumar Mishra and Anish Kumar have already been granted bail by this Court vide order dated 16.10.2025 and 27.10.2025 passed in Criminal Bail Application No. 7025 of 2025 connected Criminal Bail Application No. 7700 of 2025, Criminal Bail Application No. 6553 of 2025, Criminal Bail Application No. 7067 of 2025, Criminal Bail Application No. 6155 of 2025, Criminal Bail Application No. 6252 of 2025, Criminal Bail Application No. 7244 of 2025, Criminal Bail Application No. 7518 of 2025, respectively, and Criminal Misc. Bail Application No. 6367 of 2025. In these circumstances, the applicant is also entitled to be released on bail. 6. It is further submitted that applicant is in jail since 05.03.2025 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. As such, the prayer is to grant bail to the applicant. 7. Learned counsel for the side opposite opposed the prayer for grant of bail but he could not dispute the above contentions made by the learned counsel for the accused- applicant. 8. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for Versus Counsel for Applicant(s) : Vikas Srivastava, Alok Kumar Mishra, Veer Bahadur Lal Srivasta Counsel for Opposite Party(s) : Aakash Prasad Deepak Prakash Jyoti @ D.P. Jyoti .....Applicant(s) Central Bureau Of Investigation Thru. Superintendent Of Police Anti. Corruption Branch, Lko. .....Opposite Party(s) the parties including which are related to allegations made in the FIR and keeping in mind the period of incarceration as also the fact that co-accused persons have already been released on bail by this Court as also the chance of conclusion of trial in near future and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 9. Let the applicant- Deepak Prakash Jyoti @ D.P. Jyoti be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall cooperate with the prosecution during trial. (ii) The applicant shall not tamper with the evidence during trial. (iii) The applicant shall not pressurize/intimidate the prosecution witness(s). (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 shall 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 observation(s) 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(s) made in this order. 12. Application is disposed of. October 28, 2025 Arun/- BAIL No. 10431 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench