Court allowed anticipatory bail application for a government servant accused under Section 7/8 Prevention of Corruption Act. Bond fixed at Rs. 50,000 with two sureties on conditions of cooperation and no inducement.
Anticipatory bail granted on bond of Rs. 50,000 with two sureties each in like amount subject to standard conditions.
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Neutral Citation No. - 2023:AHC:194532
Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9306 of 2023
Applicant :- Mohit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayub Khan,Atipriya Gautam,Madhaw Pandey,Vinod Kumar Mishra Counsel for Opposite Party :- G.A.,
Hon'ble Raj Beer Singh,J.
from any truck driver or any other person or accepted the same. Referring to the statement of informant, it was submitted that there is also no such evidence that said co-accused Gopal was collecting any currency notes or that he has given the same to the applicant. The prosecution case is based on presumption that applicant was involved in collection of illicit money from the truck drivers and only general allegation has been made against the applicant. The applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
(i) the applicant shall make himself available for interrogation by the police as and when required;
(ii) 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/her/them from disclosing such facts to the Court or to any police officer;
(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.
Order Date :- 10.10.2023 Anand
Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad
3 issues framed by the court
Whether anticipatory bail is applicable to the applicant in the present case under Section 438 Cr.P.C.
Whether the quantum of sureties and conditions are appropriate for the release on anticipatory bail.
Whether the magnitude of the accusation justifies grant of conditional anticipatory bail.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of MaharashtraReferred¶11
Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 · Who else cites this
2 provisions across 2 enactments
Mohit Kumar
State of U.P.
Another
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
