Neutral Citation No. - 2025:AHC:69140 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44606 of 2024 Applicant :- Dev Dutta Opposite Party :- State of U.P. Counsel for Applicant :- R.K. Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application under Section 439 of Criminal Procedure Code has been filed on behalf of the applicant with a prayer to release him on bail in Criminal Case No. 36/2075/2022, Case Crime No.210 of 2018, under Sections 7/13(1)(D) and 3(2) Prevention of Corruption Act, 1988, Police Station Kotwali Nagar, District Bulandshahar, during the pendency of trial. 3. As per prosecution case in brief, a First Information Report was lodged on 28.02.2018 against the applicant and co-accused Jagdish Narayan, who was posted as Consolidation Kanoongo, with the allegations inter-alia that applicant had demanded bribe from the complainant for measurement of his land and later on co-accused Jagdish was caught red handed taking bribe of Rs. 8000/. So far as applicant is concerned, he has succeeded in running away from the spot. 4. It is argued by the learned counsel for the applicant that applicant is Assistant Consolidation Officer, who has retired from service on 31.05.2023. Much emphasis has been given by contending that the applicant has been falsely implicated in this case. He has not made any demand or bribe as alleged by the prosecution. It is also pointed out that on the same allegation a departmental inquiry was also conducted, in which the allegation levelled against the applicant was found false and because said allegation could not be proved against the applicant, therefore, applicant was exonerated in the departmental inquiry vide order dated 11.09.2023 by the Consolidation Commissioner with the observation that the said order shall be subject to the outcome of the criminal proceeding against the applicant. It is also submitted that the case of applicant is distinguishable from the case of co-accused Jagdish Narayan, therefore, applicant, who is languishing in jail since 18.11.2024, having no criminal history may be enlarged on bail. 5. Per contra, learned Additional Government Advocate representing the State opposed the prayer for bail, but could not prove the factum of the case as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that applicant was not caught red handed while accepting bribe and on the same allegation, he has been exonerated in department inquiry. Law is also well settled that demand and acceptance of bribe both are necessary elements to constituted an offence under Section 7 of Prevention of Corruption Act, which is lacking so far as case of the present applicant. Therefore, the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 7. Let the applicant-Dev Dutta, 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: (i) That the applicant shall cooperate with 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. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 9. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 1.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad