Neutral Citation No. - 2025:AHC:137892 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43737 of 2024 Applicant :- Ramesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Ayush Mishra,Prabha Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pulak Ganguly, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 07 of 2024, under Sections 7 and 13(1)b read with Section 13(2) P.C. Act, Police Station Anti Corruption Prayagraj, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was posted as Additional Inspector in U.P. Police and as per allegation he was Investigating Officer in a case in which complainant was one of the accused and for submitting final report in his favour he made demand of bribe of Rs. 40,000/- from him and thereafter he was apprehended red handed while he was receiving bribe from him but entire allegation leveled against applicant is totally false. 4. He further submits, from the FIR it reflects, recovery memo and other documents have not been prepared where trap was made and after alleged trap applicant has taken to Police Station Phaphamau Commissionerate Prayagraj and at police station entire trap proceedings was conducted and this fact casts serious doubt on the prosecution case. 5. He further submits, applicant has already retired from service on 31.12.2024 and his track record was unblemished and in the present matter he is in jail since 16.08.2024 i.e. for last one year. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Additional Inspector in U.P. Police and he misused his position and he not only made demand of bribe but was also apprehended red handed by the trap team but could not dispute the fact that from the FIR it reflects, after alleged trap applicant has taken to the Police Station Phaphamau and at Police Station Phaphamau further trap proceedings was conducted. Learned AGA further could not dispute the fact that applicant has already retired from service in the month of December, 2024 and apart from the present case applicant is not having any criminal history and in the present matter he is in jail for last one year. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant was posted as Additional Inspector in U.P. Police and he was Investigating Officer of a case in which complainant was accused and he made demand of bribe of Rs. 40,000/- from him to file final report in his favour and thereafter he was apprehended red handed by the trap team while he was receiving bribe from the complainant but from the FIR it reflects, after the alleged trap applicant has taken to the Police Station Phaphamau and at Police Station Phaphamau further proceedings of the trap was completed. 9. Considering above fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the trap proceedings cannot be ruled out at this stage. 10. Further, applicant has already retired from service in the month of December, 2024 and he is in not having any criminal history and in the present matter he is in jail since 16.08.2024 i.e. for last one year. 11. 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. 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 - Ramesh Chandra 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 :- 13.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad