HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9852 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ashish Goyal, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 7/13(1), 13(2), 12 P.C. Act, Police Station Anti Corruption Jhansi U.P. District A.C.O. U.P. during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is a private person and on the basis of false allegation he has been made accused in the present matter along with two others including co-accused Krishna Babu Khare, who was public servant, the Revenue Inspector (Kanoongo). 4. He further submits, even as per prosecution, applicant neither made any demand of bribe from the complainant nor he accepted the bribe money and only allegation against the applicant is that he received money from co- accused Mata Prasad, who accepted the bribe money from the complainant. 5. He further submits, even co-accused Krishna Babu Khare, who was Revenue Inspector and made demand of bribe and Mata Prasad, who received the bribe money have been released on bail by this Court vide orders dated 11.07.2025 passed in Criminal Misc. Bail Application No. 2049 of 2025 and 12.08.2025 passed in Criminal Misc. Bail Application No. 7502 of 2025 respectively. He next submits, the case of applicant is at better footing than them. 6. He further submits, applicant is not having any criminal history and in the Versus Counsel for Applicant(s) : Ashish Goyal Counsel for Opposite Party(s) : G.A. Saurabh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) present matter he is in jail since 21.12.2024 i.e. for last nine months. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, bribe money was recovered from the possession of applicant but reflects, neither he made demand of bribe nor he received the bribe money and from the record it reflects, bribe was demanded by co-accused Krishna Babu Khare, the Kanoongo, who was public servant from the complainant and thereafter co-accused Mata Prasad received the bribe money from him and thereafter Mata Prasad handed over the same to the applicant. Further, co-accused Krishna Babu Khare and Mata Prasad have been released on bail by this Court. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 21.12.2024 i.e. for last nine months. 11. 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 purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant -Saurabh Yadav 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. BAIL No. 9852 of 2025 2 (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. 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. 16. 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. September 16, 2025 AK Pandey BAIL No. 9852 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad