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2025 DAILYLAW 51678 (ALL)

RANJEET KUMAR v. STATE OF U.P. AND ANOTHER

NABAIL/3521/2025 · 2025-08-04

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132142 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3521 of 2025 Applicant :- Ranjeet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Kumar Shukla,Sunil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Adarsh Kumar Shukla, learned counsel for the applicant and Sri Jhamman Ram, learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 77 of 2024, under Sections 7/13 Prevention of Corruption Act and Section 67 I.T. Act, Police Station Barwapatti, District Kushinagar, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged on the basis of viral video, in which, he was receiving bribe of Rs. 500/- but entire allegation levelled against the applicant is totally false. He further submitted that even genuineness of the alleged video is still to prove. He further submitted that applicant is responsible public servant and he has been made accused on the basis of doctored video. 4. He further submitted that investigation of case is still pending and Investigating Officer is trying to arrest the applicant. 5. He further submitted that applicant is not having any criminal history. 6. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicant being police constable received bribe of Rs. 500/- from unknown person but it reflects, entire prosecution case is based on a video and even date of incident could not be reflected from the video. This Court finds merit in the argument advanced by learned counsel for the applicant that merely on the basis of such viral video, it cannot be said that applicant received bribe from a person, especially considering the fact that even identity of the person, from whom applicant allegedly received bribe, till date is not known. 9. Further, investigation of the case is still pending and apprehension of arrest/custody raised by applicant cannot be ruled out. 10. Further, applicant is not having any criminal history. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 12. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 13. In the event of arrest of the applicant-Ranjeet Kumar involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; 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 the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 14. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 15. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 5.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad