Neutral Citation No. - 2025:AHC:114365 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42786 of 2024 Applicant :- Ranjan Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Mithlesh Kumar,Prabha Shanker Mishra,Ramesh Chandra Tiwari,Shikha Sahu Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Shri Prabha Shankar Mishra, learned counsel for the applicant submits that this Court directed the trial court to record the statement of the complainant after framing charges against the applicant but as court is vacant, therefore, no further proceedings could be conducted and therefore, earlier order passed by this Court till date could not be complied with. He further submits, therefore, the instant bail application may be heard on merit. 2. In view of the above facts, the instant bail application is being heard on merit. 3. Heard Shri Prabha Shankar Mishra, learned counsel for the applicant and Shri Suresh Bahadur Singh, learned AGA for the State-respondent. 4. The instant application has been filed seeking release of the applicant on bail in Case Crime No.20 of 2024, under Sections 7/13(1)(b), 13(2) Prevention of Corruption Act, Police Station Anti Corruption, District Varanasi, during pendency of the trial in the court below. 5. Learned counsel for the applicant submits that applicant was police Head Constable and as per allegation, he made demand of bribe from the complainant to submit report for his passport and subsequently he was arrested red handed by the trap team while he was receiving bribe of Rs.1,500/- from him but entire allegation made against applicant is totally false. 6. He further submits that as complainant was having criminal history of a case and therefore, he wanted that applicant by concealing the same submit his report but when applicant refused for the same then he implicated him in the present matter with the connivance of trap team. 7. He further submits that investigation of the case has already been completed and charge-sheet has been filed. 8. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 06.09.2024 i.e. for last more than ten months. 9. Per contra, learned AGA opposed the prayer for bail and submits that applicant was apprehended red handed while he was receiving bribe of Rs.1,500/- from the complainant and he was the person, who also made demand of bribe but could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 06.09.2024 i.e. for last more than ten months. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant was posted as Head Constable at a police station and was made demand of bribe from the complainant for the purpose to submit report on his application for passport and thereafter he was apprehended red handed by the trap team while he was receiving bribe of Rs.1,500/- from him but it reflects, applicant is having no criminal history to his credit and he is in jail in the present matter since 06.09.2024 i.e. for last more than ten months. 12. Further, as trial court is vacant, therefore, there is no hope of early disposal of the trial of the case. 13. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Ranjan Kumar Gupta 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. 17. 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. 18. 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 :- 15.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad