Neutral Citation No. - 2025:AHC:4292 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27280 of 2024 Applicant :- Anil Kumar Chaubey Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sarvesh Kumar Dubey,Sr. Advocate,Umesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Sarvesh Kumar Dubey and Sri Umesh Kumar Singh, learned counsels for the applicant, Sri Ajay Singh, learned A.G.A.- I for the State and perused the material on record. 2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anil Kumar Chaubey, seeking enlargement on bail during trial in connection with Case Crime No. 11 of 2024, under Sections 7, 13 (1)(b) read with section 13(2) of Prevention of Corruption Act, 1988, registered at P.S. Anti Corruption Varanasi ACO U.P. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant was posted as stenographer in the office of Chief Medical Officer. While placing paragraph nos. 20, 21 and 22 of the affidavit it is submitted that the applicant was not, at all, concern with the procedure relating to registration of diagnostic centre and the applicant had no role in registration of the same. It is submitted that counter affidavit of the State has been filed in which Annexure-C.A.-3 has been filed wherein charge sheet dated 16.8.2024 has been filed against the applicant which would go to show that investigation in the matter has concluded. It is submitted that the applicant has no criminal history as stated in para-33 of the affidavit. It is submitted that the contents of paragraph 33 of the affidavit although are stated to be wrong and denied in para-12 of the counter affidavit but the fact that the applicant has no criminal history, has been mentioned in the same according to DCRB and CCTNS report, copy of the said reports have been annexed as annexure no. C.A.-4 to the counter affidavit. The applicant is in jail since 20.6.2024. 4. Per contra, learned State counsel opposed the prayer for bail and submitted that the applicant was arrested accepting bribe in trap proceedings and charge sheet in the matter has been submitted against the applicant. 5. After having heard learned counsels for the parties and perusing the record, it is evident that it is evident that the applicant is stenographer in the office of C.M.O. He was not instrumental in registration of diagnostic centre. Investigation in the matter has concluded and charge sheet has been submitted. The applicant has no criminal history. 6. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 7. Let the applicant- Anil Kumar Chaubey, 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 which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 8. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 9. The bail application is allowed. (Samit Gopal,J.) Order Date :- 8.1.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad