Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4253 of 2010 Petitioner :- Ram Pyare Yadav Respondent :- State Of U.P. Petitioner Counsel :- P. C. Srivastava,D.K.Singh,Nand Lal Yadav Respondent Counsel :- Govt Advocate Hon'ble Ram Autar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Shri P.C. Srivastava, learned counsel for the applicant, learned
A.G.A. for the State of U.P. and perused the record.
The prosecution case as stated in the F.I.R. is that on 29.12.2009 one
Ram Jeet Singh moved an application before Deputy S.P. Anti-
Corruption, Gorakhpur to this effect that he moved an application before
the Consolidation Officer for demarcation of his Chak No.434 measuring
area 121 air and on that application Lekhpal of Hindola was directed to
demarcate, for which 31.12.2009 was fixed and after receiving notice he
met with Assistant Consolidation Officer Narsing Narayan, who made
demand of Rs.1000/- as illegal gratification for himself and Rs.1000/- for
Lekhpal for demarcation. On the request of Ram Jit Singh it was settled
that Rs.1000/- shall be paid prior to demarcation and rest of Rs.1000/-
was to be paid on the date of demarcation and on the direction of
Assistant Consolidation Officer he met with the applicant, who stated that
on 30.12.2009 the bribe of Rs.1000/- shall be paid to him otherwise he
would disappear, but Ram Jit Singh was not willing to pay the bribe,
hence he moved an application before the Deputy S.P. Anti-Corruption,
Gorakhpur. The Anti-Corruption squad arrested the applicant while he
was receiving the said amount from Ram Jit Singh and the said amount
was recovered from his possession.
The learned counsel for the applicant has submitted that the applicant
has been lying in judicial custody in this case since 3012.2009.
Considering the facts and circumstances of the case and period of
detention of the applicant and without expressing any opinion on the
merits of the case, applicant is entitled to be released on bail.
Let the applicant Ram Pyare Yadav involved in Case Crime No.1941 of
2009, under sections 7/13 (1) (D) r/w 13(2) Prevention of Anti Corruption
Act, 1947, P.S. Mohammadabad Gohana, District Mau, be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 2.8.2010
RU