Neutral Citation No. - 2025:AHC:137918 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2678 of 2025 Applicant :- Abid Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajeev Chaddha, learned counsel for the applicant and Dr. S.B. Maurya, 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. 29 of 2024, under Sections 7/13(1)(b)/13(2) P.C. Act, Police Station Anti Corruption, District Bareilly during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Junior Engineer in the Electricity Department and as per allegation he made demand of bribe of Rs. 30,000/- from the complainant for the purpose to provide tube-well connection to him and thereafter he was arrested red handed by the trap team but entire allegation leveled against the applicant is totally false. 4. He further submits, from the FIR it reflects, complainant on 11.10.2024 filed complaint against applicant and from page-70 of the paper-book it reflects, as there was defect in the application moved by the complainant, therefore, connection could not be given and he removed objection only on 14.10.2024 but even before removing the objection he filed complaint against applicant and others and this fact clearly suggests that entire allegation leveled against him is totally false and with the connivance of trap team complainant implicated the applicant in the present matter. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 17.10.2024 i.e. for last more than ten months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he not only made demand of bribe from the complainant but he was also arrested by the trap team red handed but could not dispute the fact that as per complainant demand of bribe was made by the applicant for the purpose of Tubewell connection but there was defect in his application which was removed by the complainant on 14.10.2024 and before removal the same, he filed complaint against applicant. Learned AGA further could not dispute the fact that applicant is not having any criminal history in the present matter he is in jail since 17.10.2024 i.e. for last more than ten months. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant was Junior Engineer in the Electricity Department and complainant moved an application for connection of Tubewell and for that purpose he was making demand of Rs.30,000/- from him and thereafter he was arrested red handed by the trap team while he was receiving bribe from him but from page-70 of the paper-book it reflects, there was defect in the application moved by the complaint and the objection was raised by S.D.O. concerned on 16.09.2024 and only on 14.10.2024 complainant removed the objection and before removing the objection he filed complaint against the applicant. 9. Considering above fact the argument advanced by learned counsel for applicant with regard to false implication of applicant cannot be completely ruled out at this stage. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 17.10.2024 i.e. for last more than ten months. 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 - Abid Hussain 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