Neutral Citation No. - 2025:AHC:118999 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23203 of 2023 Applicant :- Nizam Ahmad Khan Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Singh,R.B. Singh,Rajeev Upadhyay,Suresh Chandra Yadav,Vijay Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pawan Kumar Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 156 of 2023, under Sections 7 Prevention of Corruption Act, Police Station Kotwali Dehat, District Bahraich during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is Clerk in the Health Department and as per allegation, complainant is a retired person and after retirement applicant made demand of bribe from him to release his GPF amount and he was arrested red handed by the Trap Team while he was receiving bribe of Rs. 30,000/- from the complainant but entire allegation leveled against the applicant is totally false. 4. He further submits, from the FIR it reflects, the recovery memo and other documents have not been prepared at spot where trap was conducted and same were prepared at police station and this fact casts serious doubt on the trap proceedings. 5. He further submits, maximum punishment provided for offence under Section 7 P.C. Act is seven years and in the present matter applicant is in jail since 19.04.2023 i.e. for last more than two years. 6. He further submits, applicant is not having any criminal history. 7. Per contra, learned AGA opposed the prayer for bail and submits, applicant being public servant misused his position and made demand of bribe from the complainant and was apprehended red handed by the Trap Team while he was receiving bribe from the complainant but could not dispute the fact that recovery memo and other documents have not been prepared at spot and same were prepared at police station. 8. Learned AGA further could not dispute the fact that applicant is in jail since 19.04.2023 i.e. for last more than two years and for offence under Section 7 P.C. Act maximum punishment is seven years. 9. Learned AGA further could not dispute the fact that applicant is not having any criminal history. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Applicant is Clerk in the Health Department and as per allegation he made demand of bribe from the complainant to release his GPF fund and thereafter he was apprehended red handed by the Trap Team while he was receiving bribe from the complainant but it reflects, recovery memo and other documents have not been prepared at spot and same were prepared at police station. Considering this fact, this Court finds merit in the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceedings. 12. Further, maximum punishment provide for offence under Section 7 P.C. Act is seven years and in the present matter applicant is in jail since 19.04.2023 i.e. for last more than two years. 13. Further, applicant is not having any criminal history. 14. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 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 - Nizam Ahmad Khan 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. Order Date :- 22.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad