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2025 DAILYLAW 97361 (ALL)

RITESH KUMAR ALIAS JITESH CHAUDHARY AND ANOTHER v. STATE OF U.P.

BAIL/31890/2025 · 2025-09-16

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31890 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Manoj Kumar, learned counsel for the applicants and Sri Arvind Kumar, learned AGA, for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 211 of 2024, under Section 7A Prevention of Corruption Act, 1988, Police Station Narahi, District Ballia during pendency of the trial. 3. Learned counsel for the applicants submits that on the basis of false allegation applicants have been made accused in the present matter along with several others including several Police Personnel. 4. He further submits that admittedly applicants were not public servants and they were private persons. 5. He further submits that initially applicants were challaned for offences under Sections 111, 309(4), 310(2) and 318 BNS and Section 7/13 Prevention of Corruption Act and after considering entire facts in detail applicants along with others have already been released on bail by this Court for above offences vide orders dated 4.8.2025 and 20.8.2025 passed in Criminal Misc.Bail Application Nos. 10848 of 2025 and 28374 of 2025 respectively but during investigation offence under Section 7A Prevention of Corruption Act has also been added. 6. He next submits that as with a very detailed order this Court has enlarged the applicants on bail for offences under Sections 111,309(4), 310(2) and 318 BNS and Section 7/13 Prevention of Corruption Act and Versus Counsel for Applicant(s) : Manoj Kumar Counsel for Opposite Party(s) : G.A. Ritesh Kumar Alias Jitesh Chaudhary And Another .....Applicant(s) State of U.P. .....Opposite Party(s) therefore, they may be enlarged on bail for offence under Section 7A Prevention of Corruption Act. 7. He further submits that applicants are not having any previous criminal history to their credit and in the present matter they are in jail since 25.7.2024, i.e., for the last more than a year. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by the learned counsel for the applicants and the fact that with a very detailed order earlier applicants in the present matter have already been released on bail for offences under Sections 111,309(4), 310(2) and 318 BNS and Section 7/13 Prevention of Corruption Act, in my view, they are entitled to be released on bail for offence under Section 7A Prevention of Corruption Act. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants-Ritesh Kumar @ Jitesh Chaudhary and Rakesh Kumar Singh @ Sonu Singh 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 13. 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 BAIL No. 31890 of 2025 2 the bail of the applicants. 14. 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 17, 2025 SKM BAIL No. 31890 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad