Neutral Citation No. - 2025:AHC:146363 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2685 of 2025 Applicant :- Surajpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajan Mishra,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary counter affidavit filed by the State is taken on record. 2. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajan Mishra, learned counsel for the applicant and Sri Deepak Mishra, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 001 of 2024 modified Case Crime No. 9 of 2024, under Sections 12, 13(2), 13(1)(b) and 7 Prevention of Corruption Act, Police Station Tundla Firozabad transferred to Police Station Anti Corruption (Agra), District Agra during pendency of the trial. 4. Learned Senior Advocate appearing on behalf of applicant submits, applicant was constable in Excise Department and as per allegation co- accused Neelam Singh, Excise Inspector made demand of bribe in the tune of Rs. 8,000/- per month for giving permission to run liquor shop from the complainant and instructed him to give bribe money to the applicant and thereafter applicant was arrested red handed while he was receiving bribe of Rs. 8,000/- from him but entire allegation leveled against the applicant is totally false. 5. He further submits, admittedly applicant did not make any demand of bribe and he although, as per allegation, received bribe but admittedly he received bribe at the behest of co-accused Neelam Singh. 6. He further submits, when co-accused Neelam Singh approached this Court vide Criminal Misc. Anticipatory Bail Application U/S 482 B.N.S.S.No. 5404 of 2025 then this Court on 16.07.2025 enlarged her on anticipatory bail. 7. He further submits, apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the instant bail application and out of two cases in one case final report has been submitted and in another case trial of the case is pending. 8. He further submits, in the present matter applicant is in jail since 09.10.2024 i.e. for last ten months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by 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 public servant and he received bribe from the complainant and he was also arrested red handed by the trap team but it reflects, he did mot make any demand of bribe and same was made by co-accused Neelam Singh, the Excise Inspector. 12. Record also suggests that applicant allegedly received bribe from the complainant on the behest of co-accused Neelam Singh and co-accused Neelam Singh has been released on anticipatory bail. 13. Further, apart from the present case applicant is however having criminal history of two other cases but his criminal history has been explained in the instant bail application and out of two cases in one case final report has been submitted and in another case trial of the case is pending. 14. Further, in the present matter applicant is in jail since 09.10.2024 i.e. for last ten months. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application 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 - Surajpal Singh 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:- BAIL No. 2685 of 2025 2 (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 during trial. Order Date :- 23.8.2025 AK Pandey BAIL No. 2685 of 2025 3 Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad