High Court
Case Details
Neutral Citation No. - 2025:AHC:141900 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31415 of 2024 Applicant :- Panne Lal Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Mishra,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
1. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Counsel assisted by Sri Alok Ranjan Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 211 of 2024, under Sections 111, 309(4), 310(2), 61(2) & 318 BNS & Section 7/13 of the Prevention of Corruption Act, Police Station Narhi, District Ballia, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 25.7.2024 against the applicant and twenty two others and as per allegation applicant and other co-accused persons indulged in extracting illegal money from the truck drivers and applicant was station house officer and when the raid was made then number of co-accused were apprehended by the raiding team and from their possession some money was also recovered though applicant was not arrested at spot. 4. Learned counsel for the applicant submitted that from the FIR it reflects, only being station house officer of a police station applicant has been made accused in the present matter and he was neither arrested at spot nor any recovery was made from his possession. 5. He further submitted that on the date of alleged raid applicant was not even present in the police station and he had gone in some other district for his evidence in one another case. 6. He further submitted that however as per the prosecution applicant was the principal accused and he alongwith other police personnel and private brokers extracted money and he also received major portion of money which was being received illegally from the truck drivers but entire allegations levelled against the applicant are totally false and except the statements of the co-accused there is no other cogent and admissible evidence in this regard. 2 BAIL No. 31415 of 2024 7. He further submitted that after considering entire facts in detail, the other police personnel have already been released on bail by this Court vide order dated 4.8.2025. During the course of argument he placed bail orders passed by this Court in case of co-accused persons which is taken on record and marked as 'A'. 8. He next submitted that the instant bail application was pending before this Court since August 2024 and as the same could not be decided by this Court, therefore, applicant approached Apex Court in Criminal Appeal No. 3050- 3051 of 2025 arising out of SLP (criminal) No. 9438-9439 of 2025 and Apex Court vide order dated 18.7.2025 was pleased to enlarge the applicant on interim bail with the direction that his interim bail shall be subjected to final order passed by this Court on his bail application. 9. He further submitted that while enlarging the applicant on interim bail the supreme court in para-13 observed that in such matters like present one ordinarily trial takes a long time to conclude because examination of number of witnesses would be required. The above observation made by Apex Court while enlarging the applicant on interim bail is equally applicable in the present case i.e on the bail application of the applicant. 10. He further submitted that till lodgement of the FIR of the present case the track record of the applicant was unblemished and apart from present case he has not been made accused in any other criminal case. 11. He further submitted that applicant is a public servant and he is not at flight risk and he remained in custody for almost a year. 12. Per contra, learned AGA opposed the prayer and submitted that applicant was SHO and therefore, he was kingpin and on his instigation the other police personnel and private brokers were extracting money from the truck drivers and actually he is the leader of the gang but he could not dispute the fact that as far as evidence is concerned except the statement of the co- accused there is no cogent and admissible evidence on record which can suggest that applicant was the principal accused. 13. He further could not dispute the fact that alongwith the applicant 22 others were also named in the FIR including number of police personnel and majority of the accused persons who were also named in the FIR have already been released on bail by this Court with a very detailed and reasoned order dated 4.8.2025. 14. He further could not dispute the fact that applicant is on interim bail by the Apex Court and he was enlarged on interim bail in the present case by the Supreme Court considering his long incarceration and the facts of the case. 3 BAIL No. 31415 of 2024 15. I have heard learned counsel for the parties and perused the record of the case. 16. However, prima facie, allegations levelled against the applicant and other police personnel appear to be quite serious as according to the prosecution applicant and other police personnel through their private brokers used to extort money from the truck drivers but admittedly, applicant was neither arrested from the spot nor any recovery could be made from his possession. 17. Further, however, as per prosecution applicant was the principal accused and major portion of the extracted money went to him but from the record, it reflects except the statements of the co-accused persons there is no other cogent and admissible evidence in this regard on record. 18. Further, from the record it reflects alongwith the applicant number of other police personnel were also made accused with similar allegations and some money was also recovered from their possession which were allegedly received by them from the truck drivers but on 4.8.2025 this Court with a detailed and reasoned order has enlarged them on bail. 19. Further, from the record, it also reflects that as applicant was in jail in the present matter since 29.7.2024 and due to heavy rush of work this Court was not in a position to dispose of his bail application therefore, he preferred SLP (Criminal) before the Apex Court and considering the entire facts of the case on 18.7.2025 the Apex Court was pleased to enlarge him on interim bail and therefore, vide order dated 18.7.2025 passed by the Apex Court, applicant is on interim bail. 20. Further, from the order passed by the Apex Court dated 18.7.2025 which was produced by the learned counsel for the applicant during the course of argument it reflects while enlarging him on interim bail Apex Court also considered the facts of the case including the fact that investigation of the case has already been concluded and considering the nature of allegation and number of witnesses long time will be consumed by the trial court in concluding trial. The observation made by the Supreme Court in para-13 is also equally applicable in the instant bail application. 21. Further, applicant is not having any previous criminal history and it appears till lodgement of the FIR of the present case his service record was unblemished. 22. Further, before interim bail applicant was in jail in the present matter for almost a year. 4 BAIL No. 31415 of 2024 23. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 24. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 25. Let the applicant-Panne Lal, 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. 26. 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. 27. 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 :- 20.8.2025 Ankita Digitally signed by :- Digitally signed by :- ANKITA SRIVASTAVA ANKITA SRIVASTAVA High Court of Judicature at Allahabad High Court of Judicature at Allahabad