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(2025) Law Today Live Doc. Id. 20407
Decided on: 10.09.2025
For Petitioner(s):
Mr. Vikas Singh, Sr. Adv., Mr. Shaveer Ahmed, AOR, Ms. Deepeika Kalia, Adv., Mr. Keshav Kant Sharma, Adv., Ms. Vasudha Singh, Adv., Mr. Sudeep Chandra, Adv.
For Respondent(s):
Mr. Garvesh Kabra, AOR, Mrs. Nikita Jaju, Adv., Mr. Harshit Gupta, Adv., Mr. Ankur Agnihotri, Adv., Mr. Deepesh Kumar Makker, Adv.
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483, 193 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 13(2), 13(1)(b) – Corruption case – Regular bail -- Investigation culminated in a police report (charge-sheet) filed u/s 7 of the PC Act -- However, investigation qua the role of the appellant is pending – Earlier Interim bail granted made confirmed -- Appellant shall continue to remain on bail on such terms and conditions as have been or may be fixed by the trial court.
(Para 3-7)
ORDER
1. Leave granted.
2. The judgment and order dated 21st April, 2025 of the High Court of Judicature at Allahabad refusing the appellant’s prayer for release on bail is under challenge in this appeal.
3. The appellant, figuring as an accused in FIR No. 001/2025 dated 2nd January, 2025 registered with Police Station Anti Corruption, Varanasi, District Varanasi, Uttar Pradesh, is in custody since 3rd January, 2025. It is alleged in the FIR that the appellant has committed offence(s) punishable under Section(s) 13(2), 13(1)(b) and 7 of the Prevention of Corruption Act, 19881 [1PC Act].
4. We have heard learned counsel appearing for the parties and perused the materials on record.
5. Investigation has culminated in a police report (charge-sheet) dated 2nd March, 2025 under section 193 of the Bharatiya Nagarik Suraksha Sanhita, 20232 [2BNSS] being filed under Section 7 of the PC Act. However, investigation qua the role of the appellant is pending.
6. In the previous orders dated 1st August, 2025 and 5th August, 2025 passed by this Court, reasons have been recorded as to why the appellant should be released on interim bail; hence we do not repeat the same here. Suffice it to record, learned counsel for the respondent-State of Uttar Pradesh, on instructions, submits that if at all a supplementary charge-sheet under section 193 of the BNSS is filed by the investigating officer before the jurisdictional magistrate, the same shall be preceded by due consideration of the observations made by this Court in the previous orders referred to above.
7. We grant such liberty to the investigating officer; however, we accept the appeal and confirm the interim bail. The appellant shall continue to remain on bail on such terms and conditions as have been or may be fixed by the trial court.
8. The impugned judgment and order stands set aside.
9. We clarify that any observation made in this order or the previous orders will not be treated by the trial court as findings on the merits of the case.
10. The appellant shall, however, appear before the trial court on the dates fixed, unless exempted; and should the appellant fail to appear on any date without justifiable cause or breach any of the terms and conditions for grant of bail, the trial court shall be at liberty to cancel the bail.
11. The appeal is, accordingly, allowed on the aforesaid terms.
12. Pending application(s), if any, stand disposed of.
Appeal allowed.
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