Jagdish Singh v. State of U.P

Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12575 of 2023 Applicant :- Jagdish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.

¶1Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record.

¶2The present bail application has been filed by the applicant-accused in case crime No.29 of 2023, under Section 7 of Prevention of Corruption Act, police station Bilari, District Moradabad with the prayer to enlarge the applicant on bail.

¶3It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. The applicant was working as supervisor in Sugarcane Society, Moradabad. As per prosecution version, the de-facto complainant has applied for membership in Sugarcane Society by way of succession, as his father has expired, and that applicant was demanding an amount of Rs.2,000/- from de-facto complainant for that purpose and that on 24.01.2023 applicant-accused was apprehended by a trap team while he has accepted an amount of Rs.2,000/- from de-facto complainant. Learned counsel submitted that there is no independent witness of alleged incident of trapping. It was submitted that regarding application of de-facto complainant for membership, the applicant has already completed entire formalities and uploaded his name on the website but due to technical error his name could not be uploaded. There was absolutely no occasion on the part of applicant for making any demand after completing the entire formalities pertaining to the membership of the de-facto complainant. The allegation that applicant has made a demand of Rs.2,000/- is wholly false. Referring to the facts of the matter, it was submitted that the applicant has been falsely implicated in this case due to ulterior motive. It is further submitted that the investigation of the case is already complete and charge-sheet has been filed in Court and the amount involved in the incident is only Rs.2,000/- and that applicant-accused is languishing in jail since 24.01.2023, having no criminal history, and thus, he has already undergone the detention of more than nine months. It was submitted that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

¶4Learned A.G.A. has opposed the bail application and submitted that applicant was working as Cane supervisor and he has demanded illegal gratification of Rs.2,000/- from de-facto complainant for providing membership in the cane society and that applicant was apprehended red-handed while he has accepted an amount of Rs.2,000/- from de-facto 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-accused Jagdish Singh involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

(i) The applicant-accused shall not tamper with the evidence during the trial.

(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶7In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 31.10.2023 Neeraj High Court of Judicature at Allahabad