Allahabad High Court
Shankar Baksh Singh vs State Of U.P. Thru. Addl. Chief Secy. ... on 29 May, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:40518
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5697 of 2024
Applicant :- Shankar Baksh Singh
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Applicant :- Satendra Kumar (Singh),Nalin Arora,Ramesh Kumar Pal
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The applicant seeks enlargement on bail in FIR No.06 of 2024, under Section 7/13(1)(b)/13(2) of P.C. Act, P.S. Anti Corruption, District Kanpur.
3. In terms of the FIR, it was alleged that based upon information received with regard to payment of Rs.6,000/- being made for forwarding the file with regard to payment of pension, a trap was laid and the applicant was apprehended with an amount of Rs.6,000/- which was handed over to the applicant by the informant.
4. In the light of the said allegation, the submission of counsel for the applicant is that the file for which allegedly the payment is referred to was forwarded from the desk of the applicant within one day which is evident from the records which is contained in Annexure - 3 and Annexure - 4. He further argues that in any case, no offence would be made out against the applicant under Section 13(1)(b) and 13(2) of Prevention of Corruption Act. He refers to the judgment of the Supreme Court in the case of V.K. Puri v. CBI; 2007 (3) SCC (Criminal) 57. In the light of the said, he argues that in terms of the FIR, only the charge under Section 7 of Prevention of Corruption Act can be made against the applicant which is punishable for a term less than seven years.
4. Learned AGA has opposed the bail application.
5. Considering the fact that the applicant is being linked with the offence in question based upon a recovery after the trap was laid, which has to be established based upon the evidences which have already been collected, and the fact that prima-facie, the offence in question is punishable for a term less than seven years and it is doubtful whether the applicant can be implicated and tried for an offence under Section 13(1)(b) read with Section 13(2) of Prevention of Corruption Act at this stage. As such, in view there of, coupled with the fact that the applicant has no criminal history and there is nothing on record to demonstrate that the applicant, if enlarged on bail, can in any way adversely affect the trial, the applicant who is in custody since 16.03.2024, is entitled to be enlarged on bail. In view thereof, the application is allowed.
6. Let the applicant Shankar Baksh Singh be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 29.5.2024
nishant
