Neutral Citation No. - 2025:AHC:86736 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44684 of 2024 Applicant :- Hari Singh Opposite Party :- State of U.P. Counsel for Applicant :- Neeja Srivastava,Surabhi Soni,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Mr. V.P. Srivastava, learned Senior Advocate assisted by Ms. Neeja Srivastava, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 001 of 2024, under Sections 7, 7(A), 12 Prevention of Corruption Act, Police Station- Karhal, District-Mainpuri (converted into Case Crime No. 08 of 2024, Police Station Anti Corruption, District Agra) during the pendency of trial. 3-As per the prosecution case in brief, on the complaint of the complainant Gopal Babu, a trap team was constituted and accordingly, the applicant who is a private clerk of an advocate was caught red handed while accepting bribe of Rs. 5,000/- at the instruction of Vipin Kumar. 4-The main substratum of argument of learned counsel for the applicant is that before the trial court, statement of the complainant has been recorded on 13.05.2025 as PW-1, in which he has not supported the prosecution case and clearly stated that he had not given the bribe money of Rs. 5,000/- to the applicant-Hari Singh on the instruction of Vipin Kumar and no treated notes were recovered by anti corruption team from the applicant, hence, at the request of the prosecution, complainant has been declared hostile. 5-On the strength of aforesaid facts, it is also submitted that in the light of statement of complainant now there is a bleak chance of conviction of the applicant. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.10.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 6-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the light of statement of the complainant recorded before the trial court, as noted above, the applicant has made out prima-facie case for bail. 8-Hence, the bail application is hereby allowed. 9-Let the applicant-Hari Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 22.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad