High Court of Judicature at Allahabad
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Dharampal Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17271 of 2006  RD-AH 14361 (25 August 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Dharmapal Singh(HC 169) indicted in case crime No. 344 of 2006 under sections 7/13 (1) (d) Prevention of Corruption Act and section 120-B, 323 and 384 I.P.C. P.S. Kavi Nagar District Ghaziabad.
Heard Shri G.S. Srivastava, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that there is no evidence of receiving of illegal gratification against the applicant. According to learned counsel mere recovery of Rs. 1365/- from the possession of the applicant does not make out that the said amount was received as motive or reward.
The learned A.G.A. submitted that recovery of Rs. 1365/- was made from the possession of the applicant and he could not give satisfactory explanation about the said amount.
I have taken into consideration the submissions advanced on behalf of both the parties.
There is no evidence of giving and taking receiving as motive or reward. The recovery of sum of Rs. 1365/- alone can not be said to be incriminating. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Dharmapal Singh (HC 169) indicted in case crime No. 344 of 2006 under sections 7/13 (1) (d) Prevention of Corruption Act and section 120-B, 323 and 384 I.P.C. P.S. Kavi Nagar District Ghaziabad , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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