Neutral Citation No. - 2025:AHC:142843 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47261 of 2024 Applicant :- Motilal Opposite Party :- State of U.P. Counsel for Applicant :- Jaiprakash Narain Raj,Vinayak Ranjan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Jaiprakash Narain Raj, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 08 of 2024, under Sections 7/13(1)(b) and 13(2) Prevention of Corruption Act, Police Station- Anti Corruption Gonda, District- Behraich, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was posted as Lekhpal and as per allegation, complainant moved an application online for succession after death of his father but applicant made demand of bribe of Rs. 3,000/- for the same and thereafter he was arrested red handed by the trap team while he was receiving bribe from him but entire allegation levelled against the applicant is totally false. 4. He further submitted that even applicant was not authorized to pass any order on the application moved by the complainant and this authority was vested with the Revenue Inspector. 5. He further submitted that even from the FIR, it reflects, after the alleged trap, applicant has been taken to the police station and at the police station his hands were washed and recovery memo and other documents related to trap have also been prepared there and this fact casts serious doubt on the entire trap proceedings. 6. He further submitted that on 30.04.2024 after inquiry made by applicant domicile certificate of sister of the complainant has been dismissed and only due to this reason, after four days, he moved an application against the applicant. He further submitted that the order passed on the application of sister of the complainant has been annexed as Annexure No. 6 to the affidavit. 7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Lekhpal and he misused his position and he not only made demand of bribe but was also apprehended red handed by the trap-team while he was receiving bribe but could not dispute the fact that from the FIR, it reflects, after the alleged trap, applicant has been taken to the police station and at the police station his hands were washed and at police station recovery memo and other documents related to trap were prepared. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost a year. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant was posted as Lekhpal and as per allegation, complainant moved an application online for succession after the death of his father and applicant for his work made demand of bribe of Rs. 3,000/- from him and thereafter he was arrested red handed by the trap team while he was receiving bribe from him but from the FIR, it reflects, after the arrest of the applicant, he has been taken to the police station and at the police station his hands were washed and recovery memo and other documents related to trap were also prepared there. Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the trap proceeding, cannot be completely ruled out at this stage. 11. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year. 12. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Motilal 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. 16. 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. 17. 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 :- 20.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad