Neutral Citation No. - 2025:AHC:106085 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10080 of 2025 Applicant :- Krishna Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Nasira Adil, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1 of 2025, under Sections 7/13(1)B, 13(2) Prevention of Corruption Act, Police Station ACO, Anti Corruption Bareilly, District Bareilly, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is a teacher in ITI and as per allegation he made a demand of bribe of Rs. 4,000/- from complainant who was his student for distribution of tablet and when he was receiving bribe from him, he was apprehended red-handed but entire allegation levelled against the applicant is totally false. 4. She further submitted that applicant has been arrested on 3.1.2025 by the trap team but a day before i.e. on 2.1.2025 complainant Yatendra Pal had already received his tablet and this fact is evident from the chart of the student receipts which has been annexed at page-71 of the supplementary affidavit dated 20.3.2025 filed in support of the instant bail application and this fact clearly suggests that on the basis of false allegation, applicant has been made accused in the present matter. 5. She further submitted that actually behaviour of the complainant was very bad towards applicant and therefore, earlier applicant warned him and only due to this reason with the connivance of the trap team, he implicated the applicant in the present matter. 6. She further submitted that apart from the present case, applicant is having no criminal history and except the complainant no other student made any complaint against the applicant. 7. She further submitted that applicant is in jail in the present matter since 4.1.2025 i.e. for last more than six months and investigation of the case has already been concluded. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was the teacher and he received bribe from his student for distribution of tablet but could not dispute the fact that applicant has been arrested on 3.1.2025 by the trap team and a day before i.e. on 2.1.2025 complainant has already received his tablet and this fact is evident from the chart of the student receipts which has been annexed in the supplementary affidavit filed in support to the instant bail application. 9. He further could not dispute the fact that applicant is having no previous criminal history and in the present matter he is in jail since 4.1.2025 i.e. for last more than six months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant is teacher in ITI and as per allegation, he made demand of bribe of Rs. 4,000/- from his student i.e. complainant of the case for distribution of his tablet and thereafter on 3.1.2025 he was apprehended red-handed while he was receiving money from him but from the supplementary affidavit dated 20.3.2025, it reflects that a day before i.e. 2.1.2025 complainant had already received his tablet. 12. Further, applicant is not having any previous criminal history and except the complainant no other student has made any complaint against the applicant. 13. Further, investigation of the case has been concluded and applicant is in jail since 4.1.2025 i.e. for last more than six months. 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 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-Krishna Kumar Gupta, 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 :- 7.7.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad