Neutral Citation No. - 2025:AHC-LKO:39742 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2049 of 2025 Applicant :- Krishna Babu Khare Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Purnendu Chakravarty Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that qua preparing family membership certificate on account of death of husband of the complainant, the accused applicant Krishna Babu Khare has demanded Rs.30,000/- as bribe from the complainant. It is further alleged that on 20.12.2024, a trap team of Anti Corruption Organisation caught the applicant red handed while taking Rs.5,000/-. 3.Learned counsel for the applicant submits that prosecution story is false. Charge sheet has already been filed. No purpose will be served in sending the applicant in custody. Custodial interrogation is not required. The maximum punishment in the offence is upto seven years. There is no demand by the applicant nor there was any acceptance. It is lastly submitted that the applicant has been falsely implicated as in the prosecution case, there is no allegation for making any demand by the applicant between 29.10.2024 and 7.11.2024, i.e. from the date of order of Tehsildar conducting enquiry regarding death of the complainant's husband till the date when the applicant has forwarded the case of the complainant to the higher authorities. It is further submitted that the SDM has ultimately issued the certificate on 17th December, 2024. Therefore, after everything was done, there appears to be no reason for the applicant to have demanded bribe. The applicant is in jail since 20.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is punishable upto seven years, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Krishna Babu Khare, involved in Case Crime No.0011/2024 under Section 7 of Prevention of Corruption Act, P.S. Anti Corruption, Jhansi, district ACO, U.P. be released on bail on his 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) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 11.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench