Kamlesh Pandey vs State of U.P.

Neutral Citation No. - 2025:AHC:13640

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2721 of 2025

Applicant :- Kamlesh Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Kamlesh Pandey, seeking enlargement on bail during trial in connection with Case Crime No. 08 of 2024, under Sections 7/13(1)B/13(2) Prevention of Corruption Act, 1988, registered at Police Station AntiCorruption, Prayagraj, District Prayagraj.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant is posted as a Traffic Inspector in the Police Department in Kaushambi and is alleged to have taken bribe of Rs. 5,000/after settling the matter with the original complainant for taking bribe in four equal installments. It is submitted that the investigation in the matter has completed and the charge sheet has been submitted on 11.12.2024. It is further submitted that the applicant has no criminal history as stated in para 23 of the affidavit and is in jail since 16.10.2024.

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Per contra, learned counsel for the State opposed the prayer for bail.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is posted as Traffic Inspector in the Police Department. The investigation in the matter has concluded and charge sheet has been submitted. The applicant has no criminal antecedents.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Kamlesh Pandey , be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be

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verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 27.1.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Kamlesh Pandey v. State of U.P.

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Kamlesh Pandey v. State of U.P.

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