Neutral Citation No. - 2025:AHC-LKO:16393 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2392 of 2025 Applicant :- Ramshankar Sonakiya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Anurag Bharadwaj,Avinash Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.12 of 2024, under Section 7 of Prevention of Corruption Act, 1988, registered at P.S.-Anti Corruption, Jhansi, District -A.C.O., U.P. 3. As per contents of First Information Report,allegation levelled against the applicant is that he sought bribe from the informant and his wife for the purpose of reinstatement of the wife of informant, who at that time was under suspension. 4. It has been submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him inasmuch as the complaint against the applicant is said to have been made on 23.12.2024 whereafter the trap is said to have been sprung on 24.12.2024 when allegedly the applicant was caught red handed for taking bribe of Rs.50,000/- as advance payment for total amount of Rs.1,50,000/- demanded by him. 5. It is submitted that the very basis of allegations levelled against the applicant are baseless inasmuch as the wife of informant Smt Jagriti Pathak had earlier been reinstated in service by means of order dated 21.12.2022 and therefore there was no occasion for the applicant to demand any bribe for an act which had already been done. It is also submitted that the applicant has no previous criminal history and is under incarceration since 28.12.2024. 6. Learned A.G.A. has opposed the bail application but does not dispute the reinstatement order of the wife of informant. 7. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to evidence being led during trial, the aspect of the wife of informant having already been reinstated prior to any demand being made by the applicant would require consideration. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Ramshankar Sonakiya, involved in the aforesaid case crime 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 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. (ii) 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 of the Indian Penal Code. (iii) 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. 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 21.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench