HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35170 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Vinay Saran, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for the CBI. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. RC1202025A0012, under Sections 61(2) BNS r/w 7 & 7(A) Prevention of Corruption Act and 7(A) Prevention of Corruption Act, Police Station CBI ACB, GZB, District Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that in the present matter applicant has been made accused alongwith co-accused Nishan Singh and from the FIR, it reflects that co-accused Nishan Singh was principal accused who made demand of bribe and accepted bribe and as per the CBI applicant was middle man. 4. He further submitted that co-accused Nishan Singh has been released on bail vide order dated 7.10.2025 passed in Crl. Misc. Bail Application No. 31444 of 2025 and case of applicant is on better footing than the case of co- accused Nishan Singh. 5. He further submitted that applicant is having no criminal history and investigation of the case has been completed and applicant is in jail in the present matter since 9.6.2025 i.e. for last more than four months. 6. Per contra, learned counsel for CBI opposed the prayer for bail and Versus Counsel for Applicant(s) : Pradeep Kumar Mishra, Saumitra Dwivedi Counsel for Opposite Party(s) : G.A., Rahul Srivastava Amit Khandelwal .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) submitted that applicant was middle man and with the help of the applicant, co-accused Nishan Singh accepted the bribe but could not dispute the fact that co-accused Nishan Singh has already been released on bail by this this Court. 7. Learned counsel for the CBI also could not dispute the fact that investigation of the case has already been completed and applicant is not having any previous criminal history and in the present mater he is in jail for last more than four months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From perusal of the record, it appears that in the present matter, applicant has been made accused alongwith co-accused Nishan Singh and as per allegation, he was middle man and with his help co-accused Nishan Singh accepted the bribe and there is no allegation that either applicant made demand of bribe from the complainant or he received bribe money. 10. Further, co-accused Nishan Singh who, prima facie, appears to be principal accused has been released on bail with a very reasoned and detailed order and it reflects, case of applicant is on better footing than the case of co- accused Nishan Singh. 11. Further, investigation of the case has already been completed and applicant is not having any previous criminal history and in the present mater he is in jail for last more than four months. 12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purposes. 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-Amit Khandelwal, 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:- BAIL No. 35170 of 2025 2 (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. October 13, 2025 Ankita BAIL No. 35170 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad