Prem Kumar Mishra v. State of U.P

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13399 of 2023 Applicant :- Prem Kumar Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi,Anubhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

¶2The present bail application has been filed by the applicant in case crime No. 46/2023, under Section 7 of Prevention of Corruption Act, police station Sidhari, District Azamgarh with the prayer to enlarge the applicant on bail.

¶3It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. The applicant was working as Recovery Amin in Revenue Department. It was stated that recovery certificate was issued against the brother of defacto complainant regarding dues of electricity and that applicant was performing his duties merely as a Recovery Amin. Applicant has absolutely no authority or power to provide any relief or concession in the amount of recovery certificate and thus, there was no occasion on the part of the applicant to make any demand of illegal gratification. Referring to the first information report, it was submitted that the necessary guidelines have not been followed while conducting alleged raid by the trap team. It was also shown that in fact the applicant has issued a receipt of Rs. 22,000/- in some other case on the same day. Applicant has rendered long unblemished service and there has been no complaint against him. Lastly, it was submitted that the applicant is in judicial custody since 25.01.2023 and thus, he has already undergone the detention of about nine months and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

¶4Learned A.G.A. has opposed the prayer for bail and submitted that applicant was apprehended red handed while accepting an amount of Rs. 20,000/- from the defacto complainant.

¶5Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

¶6Let the applicant Prem Kumar Mishra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

¶7In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 28.10.2023 Anand High Court of Judicature at Allahabad