Neutral Citation No. - 2025:AHC:123412 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42473 of 2024 Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Madhaw Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Madhaw Prasad, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 7, 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 posted as Lekhpal and as per allegation, he made demand of bribe of Rs. 10,000/- from the complainant for the purpose of demarcation of his property and thereafter he was arrested red handed by the trap-team while he was receiving bribe from the complainant but entire allegation levelled against the applicant is totally false. 4. He further submitted that being Lekhpal applicant was not having any authority to conduct demarcation and he can only submit report and if he was making demand of bribe then complainant could make complaint from the S.D.M. concerned, who was final authority but instead of doing so, he with the connivance of trap team implicated the applicant in the present matter. 5. He further submitted that from the record, it reflects, recovery memo and other documents have not been prepared at spot rather the same have been prepared at police station and this fact casts serious doubt on the entire trap proceedings. 6. He further submitted that however, apart from the present case, applicant was having criminal history of one another case but in that case, he has been acquitted and he is in jail in the present matter since 23.08.2024 i.e. for last almost a year. 7 Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Lekhpal and he was arrested red handed while he was receiving bribe from the complainant but could not dispute the fact that neither recovery memo nor other proceedings of the trap including washing of hands of the applicant were conducted at the place of trap and the same were conducted at police station. 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, applicant was posted as Lekhpal and as per allegation, he made demand of bribe of Rs. 10,000/- from the complainant and thereafter he was arrested red handed while he was receiving bribe from him but after perusing the FIR, it reflects, trap was allegedly made at the Tehsil premises but at the Tehsil premises neither hands of the applicant were washed nor recovery memo and other documents were prepared and these were conducted at police station. Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire prosecution case and entire trap proceeding comes under cloud, cannot be completely ruled out. 10. Further, however, apart from the present case, applicant is having criminal history of one another case but in that case, he has been acquitted and he is in jail in the present matter for last almost a year. 11. 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. 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- Anil Kumar 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 :- 25.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad