Neutral Citation No. - 2025:AHC:122896 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41385 of 2024 Applicant :- Pradeep Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra,Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar 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. 10 of 2024, under Sections 7, 7A, 12, 13(1)(b), 13(2) Prevention of Corruption Act, Police Station- Anti Corruption Gorakhpur, District- Gorakhpur, during pendency of the trial in the court below. 3.Learned counsel for the applicant submitted that applicant was not the public servant and he was private person and as per allegation, he received bribe of Rs. 5,000/- from the complainant on the instruction of co-accused Amul Yadav, who was public servant, and he was arrested red handed by the trap-team while he was receiving bribe but entire allegation levelled against the applicant is totally false. 4. He further submitted that applicant did not make any demand of bribe from the complainant and admittedly demand of bribe was made by co-accused Amul Yadav. He further submitted that co- accused Amul Yadav has been released on bail today by this Court vide Criminal Misc. Bail Application No. 43143 of 2024. 5. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 22.08.2024 i.e. for last 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. 5,000/- from the complainant on the instructions of co-accused Amul Yadav but could not dispute the fact that applicant was a private person and there is no allegation that he made any demand of bribe from the complainant. 7. He further could not dispute the fact that co-accused Amul Yadav has been released on bail today by this Court. He further could not dispute the fact that applicant is in jail in the present matter for last 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 arrested red handed by the trap team while he was receiving bribe of Rs. 5,000/- from the complainant on the instruction of co-accused Amul Yadav but there is no allegation that applicant made demand of bribe from the complaint. Further, he is a private person. 10. Further, co-accused Amul Yadav has been released on bail today by this Court. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 22.08.2024 i.e. for last almost a year. 12. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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- Pradeep Mishra 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 :- 24.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad