HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9570 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Arvind Mishra, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 151 of 2018, under Sections 342, 392, 323, 504, 506 IPC & 7/13 Prevention of Corruption Act, Police Station- Bhojipura, District- Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against applicant and two others and one unknown person and according to FIR, applicant was police constable and he along with other police constables arrested the husband of the informant, who was present at the house of co-accused Munish Kumar Sharma and was trying to drag the gold, which was allegedly buried there and applicant and other accused made demand of bribe from him and after taking Rs. 43,000/- released him but entire allegations levelled against the applicant are totally false. 4. He further submitted that except the bald and verbal allegation, there is no cogent evidence that either applicant made any demand of bribe or he received the bribe money and it reflects, on the basis of general and omnibus allegation, he has been made accused in the present matter along with others. He further submitted that even during investigation, no bribe money was recovered from the possession of applicant. 5. He further submitted that actually husband of the informant and others were trying to dupe the common public through fake gold and on this information, police arrived at spot and arrested them on 26.03.2018 at 05:20 Versus Counsel for Applicant(s) : Arvind Mishra, Mukul Yadav, Rahul Singh Tomar, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Pushkin Valiyan .....Applicant(s) State of U.P. .....Opposite Party(s) hours in the morning and lodged the FIR against them, which has been annexed as Annexure No. 2 to the affidavit and after several hours wife of one of the accused namely Nayab Husain lodged the FIR of the present case against applicant and others at 14:16 hours. 6. 6. He further submitted that however, apart form the present case, applicant is having criminal history of two other cases but both the cases have been explained in the supplementary affidavit filed in support of instant bail application and out of these two cases, one case is connected with the present matter relates to offence under Section 174A IPC and in another case, till date no summon could be served to the applicant. He further submitted that both the cases relate to minor offences. 7. He further submitted that however, FIR of the present case was lodged in the year 2018 and applicant surrendered on 01.10.2024 but he is not an absconder and being public servant he was trying to get legal remedy. He next submits, even in the instant matter, he is in jail since 1.10.2024 i.e. for last almost a year. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is police constable and as per allegation, he along with others made demand of bribe from the husband of the informant and thereafter after taking bribe released him but it reflects, only general and omnibus allegations have been levelled against the applicant and except bald and verbal allegation, there is no cogent evidence, which can substantiate the allegations levelled against the applicant in the FIR. Further, no recovery of bribe money could be made from the possession of applicant. 11. Further, from the record, it reflects, FIR of the present case was lodged at 14:16 hours on 26.03.2018 and on the same date at about 05:20 hours a FIR was lodged by police against Nayab Husain, the husband of the informant of the present case and others and considering this fact, the argument advanced by learned counsel for the applicant with regard to false implication of applicant cannot be completely ruled out at this stage. BAIL No. 9570 of 2025 2 12. BAIL No. 9570 of 2025 2 12. Further, however, apart form the present case, applicant is having criminal history of two other cases but both the cases have been explained in the supplementary affidavit filed in support of instant bail application and both the cases relate to minor offences and one case is connected with the present case. 13. Further, it reflects, FIR of the present case was lodged in the year 2018 and applicant surrendered in the year 2024 but in the instant matter, applicant is in jail since 1.10.2024 i.e. for last almost a year and he is a public servant, therefore, on this ground, it is not proper to withhold his bail application. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Pushkin Valiyan 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. 17. 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. 18. 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. September 11, 2025 KK Patel BAIL No. 9570 of 2025 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad