The Allahabad High Court has granted conditional bail to constable Arvind Kumar, who helped Bahubali Anil Dujana, imprisoned in Maharajganj District Jail.
A Single Bench of Justice RajBeer Singh passed this order while hearing a Criminal Misc Bail Application filed by Constable Arvind Kumar.
The bail application has been filed by the applicant in Case under Sections 35, 37, 119, 166 IPC, under Section 42 Prison Act and Section 7A, 8(1), 12 Prevention of Corruption Act, P.S Kasna, District Gautam Budh Nagar, with the prayer to enlarge the applicant on bail.
According to prosecution version, on 21.02.2019 one Ankit Chaudhary was apprehended in Gautam Budhha Nagar, who has inter alia disclosed that he is ‘pairokar’ of one Anil Dujana, who was lodged in Maharajganj jail and that applicant constable Arvind Kumar and constable Shyam used to provide help and assistance to said Anil Dujana.
It was alleged that Ankit Chaudhary has shown a record of WhatsApp chat wherein, it was mentioned that some amount has been given to applicant/accused Arvind Kumar and co-accused Shyam.
It has been argued by the counsel for the applicant that the applicant is innocent and he has been falsely implicated in the case. At the time of the alleged incident, the applicant was posted in District Jail, Ballia as ‘Bandi Rakshak’. There is absolutely no evidence that any amount has been transferred into account of applicant Ankit Chaudhary or by any other person relating to said Anil Dujana.
Referring to facts of the matter, it was submitted that the applicant has been apprehended by the police merely on the basis of suspicion and there is no credible evidence against him. Further, the said Ankit Chaudhary has already been granted bail by the Coordinate Bench of the Court. The applicant is a government servant and there is no possibility of his fleeing away from justice.
Lastly it was submitted that the applicant is languishing in jail since 08.05.2023, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
A.G.A has opposed the prayer for bail and argued that earlier the applicant was posted in District Jail Maharajganj where he used to provide undue help and assistance to one Anil Dujana, who was lodged in that jail. It was submitted that co-accused Ankit Chaudhary has disclosed that some amount was to be paid to the applicant.
“Considering the submissions of the counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Constable Arvind Kumar involved in aforesaid case crime, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below subject to following conditions:
i. The applicant shall not tamper with the evidence during the trial.
ii. The applicant shall not pressurize/ intimidate the prosecution witness.
iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
v. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel bail of the applicant in accordance with law.