HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33139 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Rajan Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.234 of 2025 modified Case Crime No. 17 of 2025, under Sections 7 Prevention of Corruption Act, 1988 (amended 2018), Police Station Sihani Gate, District Ghaziabad transferred to Police Station ACO, Meerut, District Meerut during pendency of the trial. 4. Learned counsel for the applicant submits that applicant was Steno in the Office of Deputy Labour Commissioner and as per allegation, to release two cheques of complainant, he made demand of bribe of Rs. Ten Thousand from him and thereafter complainant handed over the bribe money to co-accused Bhuvnesh Sharma on his instruction and after that applicant and co-accused Bhuvnesh Sharma were apprehended by Trap Team but entire allegations levelled against the applicant are totally false. 5. He further submits that even as per allegation it is apparent that applicant did not accept the bribe money and the same was accepted by co-accused Bhuvnesh Sharma and only allegation against the applicant is that he made demand of bribe. Versus Counsel for Applicant(s) : Rajan Mishra Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits that from the FIR it also reflects that after the alleged trap applicant and co-accused Bhuvnesh Sharma have taken to the Police Station and at Police Station recovery memo was prepared and this fact casts serious doubt on the prosecution case. 7. He further submits that co-accused Bhuvnesh Sharma, who accepted the bribe money and from whose possession bribe was recovered, has been revealed on bail by this Court vide order dated 23.9.2025 passed in Criminal Misc.Bail Application No. 32591 of 2025. 8. He further submits that investigation of the case has been completed and applicant is not having any previous criminal history and in the present matter he is in jail since 10.7.2025, i.e., for the last two and half months. 9. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant was posted as Steno in the Office of Deputy Labour Commissioner and he made demand of bribe of Rs. Ten Thousand from the complainant to release his cheques and thereafter co-accused Bhuvnesh Sharma accepted the bribe from the complainant on his instruction and thereafter applicant and co-accused Bhuvnesh Sharma were apprehended by Trap Team but it reflects that after alleged trap applicant and co-accused Bhuvnesh Sharma have taken to the Police Station and at Police Station recovery memo was prepared. Considering this fact the argument advanced by the learned counsel for the applicant that this fact casts serious doubt on the trap proceedings cannot be brushed aside. 12. Further, this Court also finds merit in the argument advanced by the learned counsel for the applicant that from the record it is apparent that though applicant made demand of bribe but bribe money was not accepted by him and the same was accepted by co-accused Bhuvnesh Sharma. BAIL No. 33139 of 2025 2 13. Further, co-accused Bhuvnesh Sharma has already been released on bail by this Court. 14. Further, investigation of the case has been completed and applicant is not having any previous criminal history and in the present matter he is in jail since 10.7.2025, i.e., for the last two and half months. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Amit Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case BAIL No. 33139 of 2025 3 during trial. September 25, 2025 SKM BAIL No. 33139 of 2025 4 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad