Neutral Citation No. - 2025:AHC:135193 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42205 of 2024 Applicant :- Vikas Kumar Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amitabh Kumar Tiwari, learned counsel for the applicant and Sri Satrughan Yadav, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.272 of 2024, under Section 7 of Prevention of Corruption Act, 1988, Police Station Civil Lines, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was posted as Peshkar in the court of Settlement Officer Consolidation and as per allegation, to pass a favourable order, he made demand of bribe from the complainant and, thereafter, he was arrested red handed on 20.09.2024 while, he was receiving bribe of Rs.Twenty Thousand from him but entire allegations levelled against the applicant are totally false. 4. He further submits that being Peshkar, applicant was not having any authority to pass favourable order in favour of the complainant and, therefore, there was absolutely no occasion either for applicant to make demand of bribe or for complainant to give bribe money to him. 5. He next submits that trap was allegedly made on 20.09.2024 but a day before i.e. on 19.09.2024, Settlement Officer Consolidation has already passed the order on the appeal, which was pending in his court and this fact again casts serious doubt on the entire trap. 6. He further submits that applicant is not having any previous criminal antecedents to his credit and in the present matter, he is in jail in the present matter since 20.09.2024, i.e, for last eleven months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant not only made demand of bribe from the complainant but he was also apprehended red handed by the Trap Team while he was receiving bribe of Rs.Twenty Thousand from him but could not dispute the fact that as per allegation, applicant was Peshkar in the court of Settlement Officer Consolidation and he was making demand of bribe from the complainant for favorable order in his favour and being Peshkar, he was not authorized to pass any favorable order in favour of the complainant. 8. Learned AGA further could not dispute the fact that the alleged trap was made on 20.09.2024 but a day before i.e. on 19.09.2024, Settlement Officer Consolidation had already decided the appeal, which was pending in his court. 9. He further could not dispute the fact that applicant is not having any previous criminal history to his credit and he is in jail in the present matter since 19.09.2024 i.e. for last eleven months. 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 Peshkar in the court of Settlement Officer Consolidation and he made demand of bribe of Rs. Twenty Thousand from the complainant and, thereafter, he was allegedly arrested red handed on 20.09.2024 by the Trap Team while he was receiving bribe of Rs. Twenty Thousand from the complainant but it reflects a day before i.e. 19.09.2024 Settlement Officer Consolidation had already decided the appeal, which was pending in his Court. 12. Further, from the record, it also reflects, applicant was making demand of bribe on the ground that he will provide favorable order to the complainant but as he was mere Peshkar in the court of Settlement Officer Consolidation, therefore, argument advanced by learned counsel for the applicant that applicant was not having any authority to pass favourable order in favour of the complainant and, therefore, there was no occasion for the complainant to give bribe to him cannot be ruled out at this stage. 13. Further, applicant is not having any previous criminal history to his credit and he is in jail in the present matter since 19.09.2024 i.e. for last eleven months. 14. 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. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Vikas 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. 18. 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. 19. 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 :- 11.8.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad