Braham Singh vs State of Up — Corruption | Allahabad HC (2025)

Braham Singh vs State of Up — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Continuation of interim anticipatory bail till the next date of listing (21.02.2025); on arrest, release upon a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions: availability on every date fixed, no inducement/threat/promise to dissuade disclosure, and no departure from India without previous permission (passport to be deposited); automatic recall with custody on non-co-operation in trial. Final adjudication deferred; three weeks allowed for rejoinder affidavit.

Issue for consideration

Whether the interim anticipatory bail protection earlier granted to the applicant (order dated 14.08.2024) should continue pending adjudication of the anticipatory bail application, and on what terms.

Ratio / Principle

Interim anticipatory bail continued till the next date of listing (21.02.2025): in the event of arrest during that period, the applicant shall be released on interim anticipatory bail on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

If the applicant does not co-operate in the proceedings of the trial, this interim-bail order shall automatically stand recalled/vacated and the applicant shall be taken into custody forthwith.ratio¶7
In default of any of the imposed conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling compliance.ratio¶8
The court concerned shall not be prejudiced by any observation made by this Court while considering the present anticipatory bail application.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 78), Samit Gopal, J. — Anticipatory Bail Application U/S 438 CrPC No. 1683 of 2024, Braham Singh v. State of U.P., order dated 10.1.2025. The applicant, booked in Case Crime No. 281 of 2019 under Sections 13(1)(b) & 13(2) of the Prevention of Corruption Act, P.S. Kasna, District Gautam Budh Nagar, had already obtained interim anticipatory bail from a co-ordinate Bench (order dated 14.08.2024). The interim protection was continued till the next date of listing (21.02.2025): on arrest, release on a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (presence on all fixed dates; no inducement, threat or promise; no departure from India without previous permission and deposit of passport). The order stands automatically recalled/vacated with immediate custody on non-co-operation in trial proceedings; the court concerned may enforce defaulted conditions and is not to be prejudiced by this Court's observations. Three weeks granted to file rejoinder affidavit to the State's counter affidavit; substantive adjudication pending.

Court No. - 78

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1683 of 2024

Applicant :- Braham Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Shyam Lal,Sr. Advocate Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri Shiv Chandra Yadav, Advocate holding brief of Sri Shyam Lal, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the record.

Learned counsel for the applicant prays for and is granted three weeks' time to file rejoinder affidavit to the counter affidavit of the State.

Let the matter be listed on 21.02.2025.

The records show that the applicant was earlier granted interim anticipatory bail by co-ordinate Bench of this Court vide order dated 14.08.2024.

Till the next date of listing, in the event of arrest of the applicant Braham Singh , involved in the Case Crime No. 281 of 2019, under Section 13(1)(b) & 13(2) of the Prevention of Corruption Act, Police Station- Kasna, District - Gautam Budh Nagar, he shall be released on interim anticipatory bail on his furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned.

(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 from disclosing such facts to the Court.

(iii) the applicant shall not leave India without the previous

permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.

Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The court concerned shall not be prejudiced by any observation made by this Court while considering the present anticipatory bail application of the applicant.

(Samit Gopal,J.)

Order Date :- 10.1.2025 Manoj

Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad