CHHOTEY LAL AND ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chhotey Lal And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18094 of 2006 [2006] RD-AH 14764 (30 August 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicants Chhotey lal and Umesh Chandra Rathore   indicted in case crime No.180  of 2006  under sections  7/13 Prevention of Corruption Act  P.S. Mussorie  District Ghaziabad.

Heard Smt. Raj Lakshmi Sinha, learned counsel for the applicants, learned A.G.A.  and have perused the record.

The learned counsel for the applicants submitted that there is no evidence of giving and taking of bribe against the applicants. The learned counsel pointed out that illegal gratification was taken by  constable  Raj Kumar and recovery of  Rs. 500/- received as bribe was made from his possession.

The learned A.G.A. argued that applicants and co-accused Raj Kumar were on picked duty and were seen demanding and taking illegal gratification from vehicle owners.

I have taken into consideration the submissions advanced on behalf of both the parties.

There is no evidence of giving and taking of bribe against the applicants and mere recovery of Rs. 60 and 75 respectively from the possession of the applicants is not incriminating. In view of these facts, I consider it to be a fit case for bail.  

Let the applicants Chhotey lal and Umesh Chandra Rathore   indicted in case crime No.180  of 2006  under sections  7/13 Prevention of Corruption Act  P.S. Mussorie  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.

Aks/18094/06

30.8.2006

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