Neutral Citation No. - 2025:AHC:5072 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52641 of 2023 Applicant :- Shubhash Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Aman Arya,Amit Kumar Srivastava,Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Bade Lal Bind, learned A.G.A. and perused the material on record. 2. Counter affidavit and rejoinder affidavit in the matter have been exchanged. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Shubhash Bharti, seeking enlargement on bail during trial in connection with Case Crime No.4 of 2023, under Section 7 P.C. Act, registered at P.S. Bareily Sector (Vigilance Department), District Bareilly. 4. A complaint dated 22.09.2023 was moved by Deepak Jindal before U.P. Vigilance Department alleging therein that he is a contractor and operator of Reliance B.P. Mobility Limited (Petrol Pump) situated in district Moradabad. On 16.09.2023 the applicant visited the petrol pump at about 1.00 p.m. and inspected it. He was given documents in duplicate and the applicant told him to meet in his office for which on 18.09.2023 he received a call of clerk on his mobile asking him to come to the office and meet the applicant. The applicant then told him that he has not made notice on-line and if he wants then the matter can be settled like this for which he has to give Rs.50,000/-. The complainant then agreed to it and has stated that when he arranges that amount, he will meet him. He does not want to give money as bribe but wants to get the officer arrested while taking money. Pre-trap proceedings were conducted and then on 26.09.2023 a trap was laid wherein the applicant was arrested accepting bribe money of Rs.50,000/-. A First Information Report was then lodged on 26.09.2023 on the basis of said recovery. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is a government servant and there are no chances of his absconding. It is further submitted that the applicant was posted as a Labour Enforcement Officer in Moradabad and is an officer of Provincial Civil Services of the State. It is submitted that the applicant has been in service since 2015, para no. 6, 7 and 8 of the affidavit have been placed before the Court for the same. It is submitted that trial in the matter has started in which two prosecution witnesses have been examined. It is submitted that the applicant has no criminal history as stated in para-17 of the affidavit and is in jail since 26.09.2023 (para-20 of the affidavit). 6. Per contra, learned AGA opposed the prayer for bail and submitted that the applicant was arrested in trap proceedings and Rs.50,000/- was recovered from him while accepting it as bribe money. There has been demand of bribe money and acceptance of the same by the applicant. It is submitted that the applicant had inspected petrol pump of which the original complainant was operator and contractor and had demanded bribe for giving a report. It is submitted that recovery is of huge amount of money. It is further submitted that the trial in the matter is going on in which two prosecution witnesses have been examined and as such it is clear that the trial court is diligently proceeding with the matter. It is submitted that the prayer for bail be rejected. 7. After having heard learned counsels for the parties and perusing the record, it is evident that there was a complaint regarding the applicant demanding bribe money of Rs.50,000/- for giving a report and closing the matter regarding which he made inspection of petrol pump. Pre-trap proceedings were laid and then the applicant was arrested accepting Rs.50,000/- as bribe money. The trial is under progress in which two prosecution witnesses have been examined. Looking to the recovery of huge amount of money it cannot be said that the same is planted. 8. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 9.1.2025 Naresh/Manoj Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad