Allahabad High Court
Mohd. Raju vs State Of U.P. on 1 August, 2019
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30917 of 2019
Applicant :- Mohd. Raju
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kapil Tyagi
Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Anoop Trivedi, learned Senior Advocate, assisted by Sri Kapil Tyagi, learned counsel for the applicant, Sri G.P.Singh, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant joined on the post of Lekhpal/Patwari in the U.P. Government in the year 1990 and there is neither any complainant nor any departmental action has been taken against him in his entire service period. He further submitted that the the applicant took over the charge of village Raghunathpur related Alwarpur Circle on 10.8.2018. He further submitted that the applicant was arrested on 24.5.2019 by the pre-Trap team constituted by the authorities of District Hapur in presence of the independent witness by taking bribe of Rs.5,000/- He next argued that the applicant is a heart patient since long. The allegations levelled against the applicant is absolutely false, frivolous and baseless. The applicant is in jail since 25.5.2019.
Learned A.G.A. opposed the prayer for anticipatory bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Mohd. Raju involved in Case Crime No.320 of 2019, under Section 7 of the Prevention of Corruption (Amendment) Act, 2018, Police Station Hapur Nagar, District Hapur be released on bail on his furnishing a personal bond of Rs.one lac with two sureties (one should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
(v) The applicant shall surrender his passport, if any, before the trial court & shall furnish an undertaking not to leave the country until permission is obtained by him from this Court or till the conclusion of the trial.
Order Date :- 1.8.2019
NS
