Neutral Citation No. - 2025:AHC:137286 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41168 of 2024 Applicant :- Devendra Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Tripathi,Rajan Mishra,Shesh Narain Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajan Mishra, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 4001 of 2024 (changed case crime No. 06 of 2024, under Sections 7, 13(1)(b), 13(2) of Prevention of Corruption Act, 1988 as amended in 2018, Police Station Nakud changed police station Anticorruption, District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was Assistant Consolidation Officer and as per allegation for land consolidation & measurement and providing possession applicant made demand of bribe of Rs. 10,000/- from the complainant and thereafter he was arrested red handed by the trap team but entire allegation levelled against the applicant is totally false. 4. He further submitted that the complaint was moved by the complainant against the applicant on 8.7.2024 and on the same day i.e. on 8.7.2024 he moved application before the applicant and on same day applicant marked the matter to kanoongo concerned and this fact is evident from page-22 of the paper book and considering this fact the entire allegation, prima facie, appears to be false. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 12.7.2024 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he made demand of bribe and thereafter he was arrested by trap team red handed while he was receiving bribe of Rs. 10,000/- from the complainant but could not dispute the fact that complainant made complaint against the applicant on 8.7.2024 and on same day, he moved application before the applicant for land measurement and on same day i.e. 8.7.2024, applicant marked the application of complainant to kanoongo concerned. 7. He further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter for last more than a year. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From perusal of the record, it reflects that on 8.7.2024 complainant moved and application against the applicant who was Assistant Consolidation Officer with an allegation that he is making demand of bribe of Rs. 10,000/- from him for land measurement and thereafter applicant was allegedly apprehended by the trap team on 12.7.2024 but from the annexure-9 to the affidavit it reflects, for measurement of land father of the complainant moved application before the applicant on 8.7.2024 i.e. on same day when complaint was moved by the complainant. 10. Record further suggests that on the same day i.e. on 8.7.2024 applicant marked the application of the father of the complainant to kanoongo concerned. Considering these facts, the submission advanced by learned counsel for the applicant that entire allegation levelled against the applicant is false cannot be ruled out, at this stage. 11. Further, applicant is having no criminal history and he is in jail in the present matter since 12.7.2024 i.e. for last more than a year. 12. 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. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Devendra Kumar Sharma, 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. 16. 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. 17. 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 :- 12.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad