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2025 DAILYLAW 203354 (ALL)

VISHVNATH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/12879/2025 · 2025-12-18

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12879 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.294 of 2025 under sections 59, 61(2), 111(2)(b) and 319(2) BNS and section 7A and 12 of the Prevention of Corruption Act, P.S. Dihh, District Rae Bareli. 3. In terms of the FIR, allegations were levelled that on the basis of the recovery of a mobile, while making general checking, the informant left the police station and it was seen that two persons were making illegal demands from the trucks carrying minerals and were also threatening and stating that they would help in saving from the RTO. It was also stated that the information was received that the said persons were involved in extraction of the money and if efforts were made, they can be apprehended fast. Subsequently, on the basis of the search, the applicant was apprehended and the confessional statement was recorded wherein the applicant admitted that he was involved in extracting money from various trucks. He also admitted that he used to help the persons in getting their tucks cleared and, the money with him was on account of the extraction made by him. 4. In the light of the said, the contention of the counsel for the applicant is that the applicant is being prosecuted for the offence under section Versus Counsel for Applicant(s) : Palak Jawa, Akshay Kumar Singh, Arun Singh, Nadim Salmani Counsel for Opposite Party(s) : G.A. Vishvnath Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7A/12 of the Prevention of Corruption Act which provides for punishment to any person who accepts or obtains for himself undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to cause any public duty to be improperly performed. He argues that even if the contention is accepted to be true, on the face of it, prima-facie, offence under section 7A may not be made out. He argues that no demands/acceptance of recovery was accepted at the instance of the applicant or with the connivance of the applicant. He further argues that no offence under section 111 of the BNS can be said to be made out as there are no material to suggest that the applicant was in any way involved in a organised crime. 5. Considering the nature of the material to implicate the applicant being a confessional statement, which is not even admissible in evidence and the punishment under section 7A to be less than seven years, the applicant who has no criminal history and is in custody since 22.11.2025 is entitled to bail. Thus the bail application is allowed. 6. Let the applicant Vishvnath Pratap Singh be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. December 18, 2025 VNP/- BAIL No. 12879 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench