Neutral Citation No. - 2025:AHC:69150 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4981 of 2025 Applicant :- Amit Kumar Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Kapil Tiwari 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 has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 31 of 2024, under Section 12 of Prevention of Corruption Act, Police Station-A.C.O., District Bareilly. 3. As per prosecution case in brief, the complainant Hafijul made a complaint on 13.12.2024 to the Deputy Superintendent of Police, Anti Corruption, District Bareilly making allegations inter-alia that on account of some defect in his electric meter, the same was changed, but he was called by the applicant in the office. When he went there, applicant told him that some tampering has been done in his earlier electric meter, and to resolve this issue, he demanded bribe of Rs. 30,000/- and finally the matter was settled for Rs. 10,000/-. On the said complaint, pre trap inquiry was conducted, in which report was submitted that general reputation of the applicant as a public servant is not good, hence recommendation for trap proceeding was made and it has been shown that applicant was trapped while accepting bribe of Rs. 10,000/- Thereafter first information report was lodged on 17.12.2024 for the offence under Section 7 of Prevention of Corruption Act. 4. It is argued by the learned counsel for the applicant that in the pre trap enquiry, post trap proceeding and in the F.I.R., applicant was shown as public servant, whereas in the investigation, it was found that the applicant is not a public servant, therefore charge sheet was submitted against the applicant under Section 12 of the Prevention of Corruption Act. On the strength of said facts, much emphasis has been given by contending that in fact trap proceeding was not done fairly and same was based on false pre trap report. It is also submitted that applicant has no concern with the office of electricity department and he has been falsely implicated. Hence, the 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 first information report was lodged under Section 7 of Prevention of Corruption Act against the applicant, but charge sheet was submitted under section 12 of Prevention of Corruption Act, which prima facie shows that at the time of trap proceedings, no proper enquiry was done. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let the applicant-Amit Kumar Sagar, 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. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. 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