Neutral Citation No. - 2025:AHC:122131 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5280 of 2025 Applicant :- Satyaveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajan Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Rajan Mishra, learned counsel for the applicant and Shri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.001 of 2024 (transferred Case Crime No.011 of 2024), under Sections 13(2), 13(1)(b) Prevention of Corruption Act, 1988 (Amended 2018), Police Station Jhinjhana, Shamli (transferred to Police Station Anti Corruption Organization), District Saharanpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant is Lekhpal and as per allegation, he made demand of bribe from the complainant to rectify the mistake committed by him in the revenue record with regard to the share of his property and thereafter he was arrested red handed by the trap team while he was receiving bribe of Rs.5,000/- from him but entire allegation made against applicant is totally false. 4. He further submits that actually complainant wanted to rectify the share of property through illegal means and when applicant refused to do the same then he implicated him in the present matter with the connivance of trap team. 5. He further submits that even authority of rectification of share determination in the revenue record is not vested with the applicant and same authority was vested with the S.D.M. concerned. 6. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 08.11.2024 i.e. for last more than eight months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant was apprehended red handed while he was receiving bribe of Rs.5,000/- from the complainant but could not dispute the fact that the demand of bribe was being made by the applicant to rectify the alleged mistake committed by the applicant in the revenue record with regard to the share of the property of the complainant and authority of rectification of share determination in the revenue record is not vested with the applicant and same authority was vested with the S.D.M. concerned. 8. 8. He further could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 08.11.2024 i.e. for last more than eight months. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, being Lekhpal applicant misused his position as a public servant and made demand of bribe from the complainant to rectify the alleged mistake committed by him in the revenue record with regard to determination of the share of the property of the complainant and thereafter he was apprehended red handed while he was receiving bribe of Rs.5,000/- from him but from page 160 of the paper book, it reflects, authority of rectification of share determination in the revenue record was not vested with the applicant and same authority was vested with the S.D.M. concerned. 11. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 08.11.2024 i.e. for last more than eight months. 12. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should be dismissed for punitive purpose. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Satyaveer Singh 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. 16. 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. 17. 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. Order Date :- 24.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad