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Neutral Citation No. - 2025:AHC:135945 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26350 of 2025 Applicant :- Ramesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Verma,Awadhesh Kumar Chaudhari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Amit Kumar Verma, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 99 of 2025, under Sections 308 (2) of BNS and Section 8 of Prevention of Corruption Act, Police Station Sakaldeeha, District Chandauli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, applicant has been made accused in the present matter alongwith others but admittedly, it is not a case of trap and applicant is a private person. 4. He further submitted that as per allegation made in the FIR, vehicle of the informant indulged in mining and co-accused intercepted his driver and made demand of bribe and they stated that the amount of bribe shall be disclosed by the applicant and thereafter applicant disclosed the informant that he will have to give bribe money to the public servants including mining officer. He further submitted that except this allegation, there is no other allegation against the applicant. 5. He further submitted that admittedly informant did not give any bribe money to anyone. He further submitted that as per allegation the bribe was being demanded for the purpose that the vehicles of the informant should not be challaned but from the FIR it reflects the mining officer challaned his vehicles and this fact again suggests that entire allegation is false. 6. He further submitted that applicant is having no criminal history
and he is in jail in the present matter since 25.6.2025 i.e. for last one and half months. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
However, as per allegation applicant made demand of bribe from the informant but he was a private servant and it reflects on the instructions of the public servants including mining officer he made demand of bribe. 10. Further, admittedly no bribe money was given by the informant either to the applicant or any other accused including public servant. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 25.6.2025 i.e. for last one and half months. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Ramesh Yadav, be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the
prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 11.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad