HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35577 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant and Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0008 of 2025, under Sections 7 and 12 Anti Corruption Act, 1988 as amended Act, 2018, Police Station Refinary, District Mathura during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was Police Constable and on the basis of false allegation he has been made accused in the present matter along with Head Constable Yubraj Singh. 4. He further submits, there is no allegation that applicant made any demand of bribe from the complainant and even as per prosecution demand of bribe of Rs. Thirty Six Thousand was made by co-accused Yubraj Singh and allegation against the applicant is that on the instruction of co-accused Yubraj Singh he accepted the money from the complainant. 5. He next submits that if being colleague of co-accused Yubraj Singh on his request applicant received the money then it cannot be said that he also involved in the present matter along with co-accused Yubraj Singh. 6. He further submits that as there is no allegation of demand of bribe Versus Counsel for Applicant(s) : Pankaj Kumar Shukla Counsel for Opposite Party(s) : G.A. Constable Naveen Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) against the applicant, therefore, offence under Section 7 Prevention of Corruption Act is made out against the applicant. 7. He further submits that investigation of the case has been completed and applicant is not having any other previous criminal history and he is in jail since 01.8.2025 for two and half months. 8. Per contra, learned AGA opposed the prayer for bail and submits that applicant received bribe from the complainant and he was arrested red handed by Trap Team. He next submits that even bribe money was also recovered from his possession but he could not dispute the fact that applicant did not make any demand of bribe and he received alleged bribe money on the instruction of co-accused Yubraj Singh, who was also Head Constable. 9. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history and he is in jail for two and half months and investigation of the case has already been completed. 10. I have heard learned counsel for the parties and perused the record of the case. 11. As per allegation applicant was Police Constable and he received bribe money from the complainant and bribe money of Rs.Thirty Six Thousand was also allegedly recovered from his possession and he was also apprehended red handed but it reflects that there is no allegation that he made any demand of bribe and this allegation was against co-accused Yubraj Singh, who was Head Constable. Further, even from the record it reflects that co-accused Yubraj Singh sent him to receive bribe and, therefore, it reflects that applicant received bribe on the instruction of co- accused Yubraj Singh. 12. Further, from the FIR it also reflects that after alleged bribe applicant has taken to Police Station and at Police Station his hands were washed and at Police Station recovery memo was prepared and even it appears that at Police Station the alleged recovered money was sealed. 13. Further, applicant is not having any previous criminal history and in the present matter he is in jail in since 01.8.2025,i.e., for two and half months and investigation of the case has already been completed. BAIL No. 35577 of 2025 2 14. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purposes. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant-Constable Naveen Kumar 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. 18. 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. 19. 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. October 14, 2025 SKM BAIL No. 35577 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad