Court No. - 64
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12858 of 2021 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No.0223 of 2020, under Section 7/13(1)D/13(2) of Prevention of Corruption Act, 1988, Police Station- Lodha, District- Aligarh.
All the noticed respondents shall file a reply on this application within a period of six weeks. Post this matter on the expiry of the aforesaid period before the appropriate Court.
For the purposes of considering the prayer for grant of anticipatory bail, the Court takes note of the submission that the F.I.R. has been lodged after more than five years of the date when the bribe was allegedly paid. Additionally, learned counsel submits that no material has been relied upon which may even prima facie establish the payment of the alleged bribe. He also submits the present accused is an Inspector. He lastly submits similarly placed other co-accused Sudhir Kumar, who was Sub- Inspector has already been granted anticipatory bail by another Bench of this Court vide order dated 19.5.2021 passed in Criminal Misc. Anticipatory Bail Application no. 4009 of 2021.
Accordingly let the applicant- Dharmendra Singh involved in the aforesaid case crime number be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-
(i) the applicant will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;
(ii) the applicant shall make himself available for interrogation by a police officer as and when required;
iii) 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 office;
(iv) the applicant shall not leave India without the previous permission of the Court and if he has a passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.
(v) It shall be open to the State to move this Court for cancellation of the interim protection accorded, if upon due verification it be found, that a declaration or statement made in this petition was false or incorrect or in case any material fact or information is found to have been concealed or withheld.
(vi) In view of the measures adopted by the High Court during this period in light of the upsurge of COVID cases, the respondents and all other authorities shall proceed in accordance with the directions contained in this order, upon presentation of a copy thereof downloaded from the official website of the Court and duly authenticated by the counsel on record being presented. Counsels may authenticate the downloaded copies by affixing their signatures thereon and recording their Bar Council registration number as well as the Advocate Roll Number as allotted by this Court.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted.
Order Date :- 16.8.2021 Faridul