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Mohd. Shakeel v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 22078 of 2006  RD-AH 19985 (24 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Mohd. Shakeel involved in case Crime No. 1426 of 2006 under sections 419, 420, I.P.C. and sections 7, 8, 9, 13, 14 of Prevention of Corruption Act, Police station Kotwali, district Azamgarh.
Heard Sri V.P. Srivastava, learned senior counsel assisted by Sri Lov Srivastava, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that co-accused Amit Anand Chaudhary has been enlarged on bail by an order of this Court dated 30.10.2006 passed in Criminal Misc. Bail Application No. 22677 of 2006 and the case of the applicant is identical. The learned counsel urged that mere possession of currency notes does not make out an offence under the Prevention of Corruption Act. The learned counsel urged that there is no allegation of giving and taking of illegal gratification.
The learned AGA argued that recovery of currency notes valuing Rs.2.40 lacs with a slip in the name of Brijesh Kumar Yadav Ghazipur, chest no. 7640 was made from the possession of the applicant. The learned counsel urged that the amount was received by the applicant as bribe for the selection of Brijesh Kumar Yadav.
I have taken into consideration the submissions advanced on behalf of both the parties.
The case of the applicant stands at par with co-accused Amit Anand Chaudhary. In view of these facts, I consider it to be a fit case for bail on the ground of parity.
Let the applicant Mohd. Shakeel involved in case Crime No. 1426 of 2006 under sections 419, 420, I.P.C. and sections 7, 8, 9, 13, 14 of Prevention of Corruption Act, Police station Kotwali, district Azamgarh, 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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