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2025 DAILYLAW 90680 (ALL)

DHARMENDRA SINGH v. STATE OF U.P.

BAIL/30103/2025 · 2025-09-24

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30103 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by State-respondent is taken on record. 2. Heard Sri Brijesh Sahai, learned Senior Counsel assisted by Sri Rahul Sharma, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0006 of 2025, under Sections 7/12 Prevention of Corruption Act, 1988, Police Station Anti Corruption, Azamgarh, District Varanasi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that applicant was Secretary in the Mandi Samiti but neither there is allegation of demand of bribe against him not there is allegation that he accepted bribe and both the allegations are against co-accused Om Prakash. 5. He further the submits that investigation of the case has already been completed and charge-sheet has been filed in the matter. 6. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 6th August, 2025 i.e. for last one and half months. 7. Per contra; learned A.G.A. opposed the prayer for bail and submits that the file of the complainant was pending before applicant and on the instigation of applicant, co-accused Om Prakash made demand of bribe and thereafter bribe of Rs.21,000/- was received by him but he could not dispute Versus Counsel for Applicant(s) : Bhavya Sahai, K.K.Rao, Sarvjeet Singh Chauhan Counsel for Opposite Party(s) : G.A. Dharmendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) the fact that from the FIR, it could not be reflected that either applicant himself made demand of bribe or he received bribe himself. 8. He further could not dispute the fact that investigation of the case has already been completed and charge-sheet has been filed in the matter and applicant is having no criminal history to his credit and he is in jail in the present matter since 6th August, 2025 i.e. for last one and half months. 9. I have heard both the parties and perused the record of the case. 10. Applicant was posted as a Secretary in the Mandi Samiti and as per allegation he along with co-accused Om Prakash obtained bribe money but from the FIR, it reflects that he himself neither made demand of bribe nor he accepted the bribe money and demand of bribe was made by co-accused Om Prakash and he was the person, who received bribe money from the complainant. 11. Further, investigation of the case has already been completed and charge-sheet has been filed in the matter. 12. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 6th August, 2025 i.e. for last one and half months. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed either for preventive or for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ranjan Kumar Gupta 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 BAIL No. 30103 of 2025 2 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. 17. 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. 18. 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. September 25, 2025 Zafar BAIL No. 30103 of 2025 3 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad