Neutral Citation No. - 2025:AHC:110037 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46933 of 2024 Applicant :- Keshpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sushil Kumar Mishra, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 08 of 2024, under Sections 7, 13(1)(b), 13(2) of Prevention of Corruption Act, Police Station Anti Corruption Azamgarh, District Azamgarh during pendency of the trial. 3. Learned counsel for the applicant submits, however, applicant is Lekhpal and as per allegation he made demand of bribe of Rs. 5,000/- from the complainant for mutation and he was apprehended red handed by the Trap Team while he was receiving bribe from the complainant but entire allegation leveled against the applicant is totally false. 4. He further submits, being Lekhpal applicant was not having any authority to mutate the name of the complainant in the revenue record and the authority of the same was vested with the Tehsildar by virtue of Section 34 of U.P. Revenue Code, 2006. 5. He further submits, even from the FIR it reflects, earlier application for mutation of the complainant has already been dismissed by the Tehsildar concerned, therefore, there was no occasion for the complainant to provide bribe to the applicant. 6. He further submits, till date the service record of the applicant is unblemished and apart from the present case applicant is not having any criminal history and in the present matter he is in jail since 05.10.2024 i.e. for last more than nine months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Lekhpal and he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 5,000/- from the complainant but could not dispute the fact that as per complainant, applicant made a demand of bribe for mutation of his name but he was not having any authority to mutate his name in the revenue record and the authority was vested with the Tehsildar concerned. 8. Learned AGA further could not dispute the fact that even earlier also an application for mutation of the complainant has been dismissed by the Tehsildar concerned. Learned AGA further could not dispute the fact that applicant is not having any criminal history and his service record is clean and in the present matter he is in jail since 05.10.2024 i.e. for last more than nine months 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is Lekhpal and as per allegation he made demand of bribe of Rs. 5,000/- from the complainant for mutation of his name in the revenue record and thereafter he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 5,000/- from him but it reflects, being Lekhpal applicant was not having any authority to mutate the name of complainant in the revenue record and the authority was vested with Tehsildar concerned. 11. Further, record also suggests that earlier when application for mutation was given by the complainant then concerned Tehsildar had already dismissed his application. Considering this facts, the argument advanced by learned counsel for the applicant that there was absolutely no occasion for the complainant to give bribe to the applicant, cannot be ruled out at this stage. 12. Further, service record of the applicant appears to be unblemished. Further, applicant is not having any criminal history and in the present matter he is in jail since 05.10.2024 i.e. for last more than nine months. 13. 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. 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 - Keshpal 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 :- 10.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad