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2025 DAILYLAW 21768 (ALL)

GABBAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/1484/2025 · 2025-04-21

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60484 Court No. - 64 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1484 of 2025 Applicant :- Gabbar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anjani Kumar Raghuvanshi, learned counsel for the applicant, Sri Devendra Nath Mishra, learned counsel for the State and perused the record. 3. This anticipatory bail application under Section 482 BNSS has been filed by the applicant- Gabbar Singh, seeking anticipatory bail, in the event of arrest in Case Crime No. 535 of 2024, under Sections 7/13 The Prevention of Corruption Act, Police Station- Khurja Nagar, District- Bulandshahar during pendency of proceedings. 4. Learned counsel for the applicant submitted that although initially the applicant was granted anticipatory bail till submission of police report, if any, under Section 173(2) Cr.P.C. by this Court vide order dated 22.8.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 7910 of 2024 (Gabbar Singh vs. State of U.P. and another), but now investigation has concluded and charge sheet has been submitted on which the court concerned has taken cognizance and summoned the applicant. It is submitted that the applicant has been falsely implicated in the present case. It is further submitted that implication of the applicant in the present matter is false. It is submitted that the applicant joined the services in the police department in the year 2016 and there was no complaint whatsoever since then against him but he has been falsely implicated in the present case. It is submitted that thus the applicant be granted anticipatory bail. 5. Per contra, learned A.G.A. opposed the prayer for anticipatory bail and submitted that implication of the applicant was found and thus charge sheet has been submitted against him, on which the court concerned has taken cognizance and summoned him. It is submitted that there is even a video clip in a pen-drive which shows giving money to the applicant and as such the same cannot be said to be false. It is submitted that the present matter relates to an allegation of corruption by a government servant as the applicant is a police personnel. It is submitted that since charge sheet has been submitted on which court concerned has taken cognizance and summoned the applicant, the present anticipatory bail application be dismissed. 6. After having heard learned counsels for the parties and perusing the records it is evident that the applicant is a police personnel. The allegation against him is of taking money which is said to have been recorded of which there is a video clip in a pen-drive. The incident is serious in nature. Investigation has concluded after which charge sheet has been submitted on which the court concerned has taken cognizance and summoned the applicant. It is consistent view of the Apex Court and the other Courts that corruption by a public servant needs to be dealt with strongly. 7. Looking to facts and circumstances of the case, nature of accusation and gravity of offence, I do not find it a fit case to release the applicant on anticipatory bail. 8. Accordingly, the present anticipatory bail application is rejected. (Samit Gopal,J.) Order Date :- 22.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad