Neutral Citation No. - 2025:AHC:106336 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41759 of 2024 Applicant :- Abhay Kumar Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Bhushan,Amit Kumar Srivastava,Anurag Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0025 of 2024, under Sections 7, 13(1)(B), 13(2) Prevention of Corruption Act, 1988, Police Station Anti Corruption Bareilly Region, District Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is Record Keeper in the office of Consolidation Officer, Bareilly and as per allegation, he made a demand of bribe of Rs. 10,000/- from the representative of one Sudha Agarwal for the purpose of mutation and thereafter, he was apprehended red-handed on 13.8.2024 while he was receiving bribe of Rs. 10,000/- from him but entire allegation is totally false. 4. He further submitted that well before trap on 10.7.2024 Consolidation Officer had already passed an order of mutation in favour of Sudha Agarwal and this fact is evident from page-43 of the paper book and thereafter name of Sudha Agarwal has been mutated in the revenue record on 24.7.2024, therefore, there was absolutely no occasion for representative of Sudha Agarwal to give the bribe of Rs. 10,000/- to the applicant on 13.8.2024 and this fact completely belies the prosecution case. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 14.8.2024 i.e. for almost a year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was apprehended red-handed by the trap team while he was receiving bribe of Rs. 10,000/- from the representative of Smt. Sudha Agarwal on 13.8.2024 but could not dispute the fact that demand of bribe was being made for mutation of Sudha Agarwal but her name has already been entered in the revenue record well before on 24.7.2024. 7. He further could not dispute the fact that applicant is not having any previous criminal history and in the present matter, he is in jail for almost a year. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant was Record Keeper in the office of Consolidation Officer, Bareilly and he made a demand of bribe from the representative of one Sudha Agarwal for her mutation and was apprehended red-handed by the trap team on 13.8.2024 while he was received bribe of Rs. 10,000/- from him but it reflects that well before trap i.e. on 24.7.2024, name of Sudha Agarwal had already been mutated in the revenue record with regard to the property in question. Prima facie, this fact casts serious doubt on the alleged trap. 10. Further, applicant is having no criminal history and he is in jail in the present matter since 14.8.2024 i.e. for almost a year. 11. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Abhay Kumar Saxena, 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. 15. 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. 16. 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 during trial. Order Date :- 7.7.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad