Anil Kumar Singh Vs State of U.P.

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24469 of 2022

Applicant :- Anil Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anita Singh,Mustaqeem Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Ms. Anita Singh, learned counsel for the applicant, learned counsel for the State and perused the record.

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The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.166 of 2022, under Section 7 of Prevention of Corruption Act, 1988, Police Station Kotwali, District Ghazipur. The accused-applicant is in jail since 29th March, 2022.

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The accused-applicant was posted as Sub-Inspector of Police Station Jamania, District Ghazipur. It is alleged that on 16th December, 2021, the uncle of the complainant got an FIR registered against the parents and the complainant as Crime No. 391 of 2021, under Sections 323, 504, 506, 354, 394 I.P.C. Since the complainant was not present, he requested the Investigating Officer that his name should be expunged from the array of accused. Further, the accused-applicant said that without payment of Rs. 15,000/- as bribe amount, complainant's name could not be expunged. Since the complainant was not willing to pay the bribe amount, he informed this fact to the Higher Authority and a Trap Team was constituted and the accused-applicant was caught red handed demanding and accepting amount of Rs. 15,000/- as bribe amount.

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Learned counsel for the accused-applicant has submitted that the accused-applicant is in jail since 29th March, 2022 and trial

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has not yet started as the concerned Court has remained vacant for last five months.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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Considering the aforesaid facts and circumstances of the case and long incarceration of the accused-applicant in jail and there is no hope of trial getting concluded in near future, I am of the view that the accused-applicant is entitled to be enlarged on bail.

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Let applicant Anil Kumar Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) 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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

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[Dinesh Kumar Singh, J.]

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Order Date :- 16.1.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Anil Kumar Singh v. State of U.P.

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Anil Kumar Singh v. State of U.P.

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