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2025 DAILYLAW 88139 (ALL)

VED PRAKASH v. State of U.P.

BAIL/30642/2024 · 2025-03-19

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40355 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30642 of 2024 Applicant :- Ved Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Karunesh Pratap Singh,Neeraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State. 2-The instant bail application has been preferred on behalf of the applicant with a prayer to release him on bail in Case Crime No. 05 of 2024, under Sections 7/13(1)(B) read with Section 13(2) of Prevention of Corruption Act, Police Station Anti Corruption Basti, District Basti during the pendency of trial. 3-The main substratum of argument of learned counsel for the applicant is that the applicant is a Junior Engineer in the electricity department. The complainant is a consumer of electricity under the jurisdiction of the applicant. On account of theft of electricity, applicant had lodged an F.I.R. on 27.06.2024 against the complainant-Ram Ujagir at Case Crime No. 0431 of 2024 for the offence under Section 135 of The Indian Electricity Act (Amendment), 2003. Since the matter is compoundable, therefore, the complainant after depositing the required amount on 05.08.2024 got this matter compounded, hence, no further proceeding was done against him. On account of said reason, complainant, in order to teach a lesson to the present applicant, made a false undated complaint against the applicant to the police, on which Inspector Bhimshankar Mishr has lodged an F.I.R. on 19.07.2024 against the present applicant at Case Crime No. 05 of 2024 for the offence under Sections 7, 13(1)(b) and 13(2) of Prevention of Corruption Act. On the strength of aforesaid submissions, much emphasis has been given that the applicant has been falsely implicated in this case, hence, the applicant who has no criminal antecedent to his credit and is languishing in jail since 19.07.2024 may be enlarged on bail. 4-On the other hand, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the F.I.R. of this case against the applicant was lodged on 19.07.2024 but prior to that, the present applicant, who is a junior engineer in the electricity department, had already lodged an F.I.R. on 27.06.2024 against the complainant, as noted above, therefore, possibility of false implication of the applicant cannot be ruled out. 6-Hence, the applicant has made out a case for bail. 7-Accordingly, the bail application is allowed. 8-Let the applicant-Ved Prakash, 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (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. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 20.3.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad