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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13190 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant third bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 13 of 2024, under Section 7 of Prevention of Corruption Act, 1988, Police Station Surajpur, District Gautam Budh Nagar, during the pendency of trial. First and second bail applications of the applicant were rejected by this Court vide orders dated 07.03.2024 and 11.11.2024 in Criminal Misc. Bail Application Nos. 6275 of 2024 and 27635 of 2024 respectively. As per prosecution case, in brief, on the complaint dated 08.01.2024 of the complainant, first information report was lodged by Inspector Yatendra Kumar on 09.01.2024, under Section 7 Prevention of Corruption Act, 1988 against the applicant alleging inter-alia that on 04.01.2024 the complainant had given an application to the applicant for getting himself registered as Contractor of "E" category but applicant demanded bribe of Rs. 7,000/- by saying that without giving bribe of Rs. 7,000/- his registration cannot be Versus Counsel for Applicant(s) : Rajan Mishra Counsel for Opposite Party(s) : G.A. Chandrapal Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
done. Main substratum of argument of learned counsel for the applicant is that the complainant Satyaveer Singh has been examined before the trial court on 14.08.2024 as PW-1, but he has not supported the prosecution case and he has clearly denied the allegation stating inter alia that neither the applicant demanded bribe of Rs. 7000/- nor he paid said amount. On the strength of statement of the complainant, it is further argued that there is bleak chance of conviction of the applicant, therefore, the applicant who is languishing in jail since 09.01.2024 may be enlarged on bail. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that the complainant did not support the prosecution case in his cross-examination, which was done on the same day of recording the examination-in-chief, hence in the light of statement of the complainant, prima facie, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Chandrapal Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. BAIL No. 13190 of 2025 2
(ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 15, 2025 Kashifa BAIL No. 13190 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad