Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27473 of 2021 Applicant :- Sanjay Kumar Opposite Party :- State Of U,P Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- Ajay Nand Pandey,Gyan Chandra Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A.
By means of this application, the applicant who is involved in case crime no.104 of 2021, under Section 7/13 of Prevention of Corruption Act, 1988, Police Station-Adarsh Mandi Shamli, District-Shamli is seeking enlargement on bail during the trial.
Contention raised by learned counsel for the applicant is that the FIR was got registered on 06.05.2021 for the incident said to have taken place on 05.05.2021 against the sole named accused applicant, who is an employee of COVID hospital with the allegation that for planting the oxygen to the informant's husband, the applicant has taken Rs.10,000/- as bribe and made a gross laxity in his duty causing the death of the informant's husband. The next contention is that the alleged recovery shown is from the public place of which there is no independent witness coupled with the fact that on the date and time of the incident, he was not on his duty. Plea of alibi has been raised by learned counsel for the applicant. The applicant is languishing in jail since 07.05.2021.
Learned counsel for the complainant has filed detailed counter affidavit exposing the applicant. Learned counsel for the complainant has drawn the attention of the Court to the number of 161 Cr.P.C. statements of Dr. Safal Kumar, Sanjeev Sharma, Pharmacist, Manoj Kumar along with the alleged arrest of the applicant. It is further submitted that the applicant has confessed his guilt and made an offer to return the money back taken by him.
After hearing the rival submissions of the parties, the Court is of the considered opinion that the applicant is a human vulture who has exploited this situation of COVID for his pity gains and these are the black sheeps who has exploited the precarious condition of pandemic and has earned the amount of Rs.10,000/- and when nabbed by the police, the applicant himself has offered to return the alleged amount.
Keeping in view the gravity of the offence, I am not inclined to exercise my discretionary power in favour of the applicant.
Accordingly, the present bail application stands REJECTED. Order Date :- 25.10.2021 Sumit S Digitally signed by RAHUL CHATURVEDI Date: 2021.10.26 10:18:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad