High Court
Case Details
Neutral Citation No. - 2025:AHC:105319 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18479 of 2024 Applicant :- Shane Ali @ Shane Opposite Party :- State of U.P. Counsel for Applicant :- Adil Khan,Dhruv Kumar Dhuriya,Pooja Singh,Prateek Kumar,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Ms. Shweta Pandey, Advocate submits that today she has filed her power on behalf of the applicant in the Registry of this Court, therefore, her name could not be shown in the cause list.
Legal Reasoning
2. Heard Ms. Shweta Pandey, learned counsel for the applicant and Shri Suresh Bahadur Singh, learned AGA for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.05 of 2024, under Sections 7/13(1)b r/w Section 13(2) of P. C. Act, 1988 and Section 120-B I.P.C., Police Station Anti Corruption Moradabad, District Moradabad, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that however, as per allegation on the instruction of co-accused Amiya Kumar Alias Abhay Kumar, who was clerk in the R.T.O. Office, applicant received bribe of Rs.20,000/- from the complainant and was apprehended red handed by the trap team alongwith co-accused Amiya Kumar Alias Abhay Kumar but entire allegation levelled against the applicant is totally false. 5. She further submits that admittedly applicant is a private person and he is not the government servant and therefore, he was not having any authority to provide registration code to the complainant. 6. She further submits that even there is no allegation that applicant ever made any demand of bribe. 7. She further submits that as per prosecution, bribe was demanded by co-accused Amiya Kumar Alias Abhay Kumar from the complainant for providing registration code to him and therefore, it appears, co-accused Amiya Kumar Alias Abhay Kumar was the principal accused. 8. She further submits that co-accused Amiya Kumar Alias Abhay Kumar has already been released on bail by Co-ordinate Bench of this Court vide order dated 15.07.2024 passed in Criminal Misc. Bail Application No.13262 of 2024 and his bail order has been annexed at page 13 of the supplementary affidavit dated 03.09.2024 filed in support of the instant bail application. 9. She further submits that applicant is having no criminal history and he is in jail in the present matter since 28.02.2024 i.e. for last almost one and half years. 10. Per contra, learned AGA opposed the prayer for bail and submits that applicant was apprehended red handed by the trap team while he was receiving the bribe of Rs.20,000/- from the complainant on the behest of co-accused Amiya Kumar Alias Abhay Kumar but could not dispute the fact that co-accused Amiya Kumar Alias Abhay Kumar was also apprehended alongwith applicant as he was also present alongwith him in the same room and co-accused Amiya Kumar Alias Abhay Kumar has been released on bail by Co-ordinate Bench of this Court. 11. He further could not dispute the fact that applicant is not a government servant and he is a private person and co-accused Amiya Kumar Alias Abhay Kumar, who was a government servant, was made demand of bribe from the complainant. 12. He further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 28.02.2024 i.e. for last almost one and half years. 13. I have heard learned counsel for both the parties and perused the record of the case. 14. However, as per allegation, applicant was apprehended red handed by the trap team while he was receiving bribe of Rs.20,000/- from the complainant on the instructions of co- accused Amiya Kumar Alias Abhay Kumar but it reflects, applicant was a private person and he did not make any demand of bribe and demand of bribe was made by co-accused Amiya Kumar Alias Abhay Kumar, who was clerk in the R.T.O. Office. 15. Further, record also suggests that at the time of alleged recovery, co-accused Amiya Kumar Alias Abhay Kumar was also present at spot and he was also apprehended alongwith applicant and he has already been released on bail by Co-ordinate Bench of this Court. 16. Further, as applicant was a private person, therefore, he was not having any authority to provide registration code to the complainant and the same was vested with co-accused Amiya Kumar Alias Abhay Kumar. 17. Further, applicant is having no criminal history and he is in jail in the present matter since 28.02.2024 i.e. for last almost one and half years. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Shane Ali @ Shane, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 21. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 22. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 4.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad