Kuldeep Gond vs State of U.P.

Neutral Citation No. - 2025:AHC:56888

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4635 of 2025

Applicant :- Kuldeep Gond Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant and learned Additional Government Advocate for the State of U.P.

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2-The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0011 of 2024, under Sections 7, 13(1)(B), 13(2) and 12 of Prevention of Corruption Act, Police Station-Anti Corruption Mirzapur, District-Mirzapur, during the pendency of trial.

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3-As per the prosecution case in brief, complainantAnkit Kumar Pandey gave a complaint to In-Charge Inspector, Anti Corruption Organization, Mirzapur, Division Mirzapur on 14.12.2024 making allegation inter-alia that he has moved an application for mutating the name of his grand-father i.e. Rama Kant Pandey in the revenue record (khautauni) but co-accused Rajendra Kumar Chaurasia, who is a peshkar in the Court of Sub Divisional Magistrate (Sadar), Mirzapur demanded a bribe of Rs. 10,000/-. On 13.12.2024, a mutation order was passed for recording the name of Rama Kant Pandey in the revenue record but parwana was not issued. When he met with Rajendra Kumar Chaurasia, he demanded a bribe of Rs. 10,000/- and ultimately, the matter was settled in Rs. 3,000/-. Rajendra Kumar Chaurasia asked him to deliver the said amount to his assistant Kuldeep Gond (present applicant). Thereafter, the present applicant was caught red handed while accepting bribe of Rs. 3,000/-.

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4-The main substratum of argument of learned

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counsel for the applicant is that the applicant is a private person. He used to bring tea from the market and serves the same to the employees. It is an admitted case of the prosecution that the present applicant has not made any demand of bribe. It is next submitted that on account of ill-will of the complainant with co-accused Rajendra Kumar Chaurasia, applicant has been made scapegoat. The applicant has no criminal history to his credit and is languishing in jail since 18.12.2024. Considering the amount of bribe and detention period of the applicant, he may be enlarged on bail. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by reiterating the prosecution case.

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6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the investigating officer, after culmination of investigation, submitted charge-sheet against the applicant. There is no possibility of tampering the evidence. Considering the facts of the case, amount of bribe and detention period of the applicant, he is entitled to be released on bail.

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7-Hence, the bail application is hereby allowed .

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8-Let the applicant-Kuldeep Gond, 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 17.4.2025 Saurabh

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

Kuldeep Gond v. State of U.P.

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Kuldeep Gond v. State of U.P.

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