Neutral Citation No. - 2025:AHC-LKO:34236 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3619 of 2025 Applicant :- Himanshu Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Shivendra S Singh Rathore,Bhavesh Chandel,Mohammad Sufiyan,Sachin Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the applicant is languishing in jail since 3.4.2025. He is a State Government servant without having any criminal antecedents. The pre trap proceedings in Kanpur as well as in Lucknow have been conducted in utter haste on 1.4.2025 including the FIR which casts doubts about the genuineness of the prosecution case. It is submitted that there is no recovery from the applicant. The alleged recovery of Rs. 10,000/- is from the drawer which is evident from the statement of the witness. He also submits that the applicant has been framed on account of giving the report contained in Annexure-6 to the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail and submits that the applicant has been caught red-handed. On due consideration to the submissions advanced, perused the record as well as considering the fact that the applicant is languishing in jail since 3.4.2025 having no criminal history; the severity of the offence and the punishment provided under Section 7 of the Prevention of Corruption Act as well as the judgement of the Apex Court in Neeraj Gupta vs. State (Government of NCT of Delhi), (2023) 4 SCC 731 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Himanshu Gupta involved in Case Crime No. 004/2025, under Section 7 of Prevention of Corruption Act, 1988, Police Station- Anti Corruption Kanpur, District- ACO U.P./East (Commissionerate Kanpur Nagar), 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 of the Indian Penal Code. (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. 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. Order Date :- 2.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench