Ajeet Kumar Vs State of U.P. and Another

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41773 of 2022

Applicant :- Ajeet Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi,Mukhtar Alam Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. Mukhtar Alam, Advocate along with Mr. Keshari Nath Tripathi, Advocate, representing the accused-applicant, as well as Mr. Sanjay Kumar Yadav, learned counsel for the respondent - CBI, and gone through the entire record.

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By means of this application under Section 439 CrPC, the accused-applicant seeks bail in RC No.1202022A0010 of 2022, under Section 7 of the Prevention of Corruption Act, 1988, Police Station CBI, ACB Ghaziabad, District Ghaziabad.

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The accused-applicant was Field Officer/Assistant Manager in Prathama U.P. Gramin Bank, Branch Mishripur, District, Moradabad; complainant, Mahakpal Singh had applied for Kisan Credit Card to get loan from the bank; allegation against the accused - applicant is that he demanded Rs. 8,000/- for making the Kisan Credit Card in favour of the complainant; since the complainant was not willing to give the bribe amount to the accused-applicant, he informed about the demand of the bribe by the accused-applicant to the CBI; after preliminary inquiry, when it was confirmed that the accused-applicant had demanded Rs. 8,000/- as bribe for giving loan of Rs. 1.5 Lakh to complainant, Mahakpal Singh,a farmer, a trap team was constituted, which arrested the accused-applicant with the tainted money of Rs. 5,000/-; conversation between the accused - applicant and the complainant was also recorded; the accusedapplicant has been languishing in jail since 30.07.2022; chargesheet has already been filed, however, trial is yet to be commenced; maximum sentence for the offence for which the accused-applicant has been charge-sheeted is up-to 7 years.

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Considering the fact that the accused - applicant has been languishing in jail for almost six months, this Court deems it appropriate to enlarge him on bail.

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Let applicant- Ajeet Kumar , accused of above-mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of

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justice:-

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(i) the applicant(s) shall file an undertaking to the effect that he 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(s) 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(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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; and

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(iv) the applicant(s) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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[D.K. SINGH, J.]

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Order Date :- 1.2.2023

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MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad

Ajeet Kumar v. State of U.P. and Another

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Ajeet Kumar v. State of U.P. and Another

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