Allowed

Vijay Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC30 Sept 2024/9630/2024

Case brief

AI extract

What is this about?

Hearing a Criminal Misc. Bail Application, the Allahabad High Court, Lucknow Bench allowed the bail prayer. The court noted a No Objection Certificate existed prior to arrest and the applicant had no criminal antecedents. Bail was granted with personal bond, sureties, and strict conditions to prevent tampering and ensure attendance.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties under specific conditions to prevent tampering and ensure court attendance.

Vijay Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. — Corruption | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67716

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9630 of 2024

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Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Learned counsel for the applicant submits that the applicant was arrested on 28.05.2024 and the alleged NOC was already issued on 21.05.2024 approximately seven days prior to his arrest which is evident from the portal of U.P. Pollution Control Board and therefore, it cannot be inferred that money was taken by the applicant for extending favour or dis-favour to any person while discharging public duty and thus, no offence under Section 7 of P.C. Act can be made out.

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It has been further submitted that the applicant is innocent. He is languishing in jail since 29.05.2024 without having any criminal antecedents. Charge sheet has been filed.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the fact that charge sheet has been

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filed, coupled with the fact that the applicant is languishing in jail since 29.05.2024 without having any criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant involved in Case Crime No. 7 of 2024, under Sections 7/12/13(1) read with Section 13(2) of P.C. Act, Police Station - Anti Corruption, District - Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) The applicant 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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(v) 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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(vi) 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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Order Date :- 30.9.2024/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Vijay Kumar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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