Neutral Citation No. - 2025:AHC:122165 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11089 of 2025 Applicant :- Ram Singh Bisth Opposite Party :- State of U.P. Counsel for Applicant :- Rajan Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Rajan Mishra, learned counsel for the applicant and Shri Santosh Nigam, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.705 of 2024 (transferred Case Crime No.0014 of 2024), under Sections 13(2), 13(1)(b), 7 Prevention of Corruption Act, 1988 (Amended 2018), Police Station Kankarkhera, Meerut (transferred to Police Station ACO U.P.), District Meerut, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant is peon in Meerut Development Authority and as per allegation, demolition notice was issued by the Development Authority to complainant side and applicant made demand of bribe from the complainant in this regard and thereafter he was arrested red handed by the trap team while he was receiving bribe of Rs.25,000/- from the complainant but entire allegation made against applicant is totally false. 4. He further submits that admittedly applicant was peon in the Meerut Development Authority and he was not having any authority to either recall or cancel the notice of demolition or sent the matter before the Lok Adalat and this fact clearly suggests that on the basis of false allegation, he has been made accused in the present matter. 5. He further submits that when complainant appeared before the trial court as P.W.-1 then in his cross-examination, he did not support the prosecution case and categorically stated that applicant neither made any demand of bribe from him nor he ever gave bribe to him and the statement of complainant recorded before the trial court has been annexed alongwith supplementary affidavit dated 27.05.2025 filed in support of the instant bail application. 6. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 01.12.2024 i.e. for last more than seven months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant was apprehended red handed while he was receiving bribe of Rs.25,000/- from the complainant but could not dispute the fact that applicant is a peon and he was not having any authority to either recall or cancel the notice of demolition or sent the matter before the Lok Adalat. 8. He further could not dispute the fact that when complainant appeared before the trial court as P.W.-1 then in his cross- examination, he did not support the prosecution case. 9. He further could not dispute the fact that applicant is having no criminal history to his credit and he is in jail in the present matter since 01.12.2024 i.e. for last more than seven months. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, as per allegation, applicant was peon in Meerut Development Authority and he made demand of bribe from the complainant with regard to the demolition notice issued to the complainant side and thereafter he was apprehended red handed by the trap team while he was receiving bribe of Rs.25,000/- from him but considering the fact that applicant was mere peon, the argument advanced by learned counsel for the applicant that he was not having any authority to either recall or cancel the notice of demolition or sent the matter before the Lok Adalat, cannot be ruled out. 12. Further, it appears, during trial when complainant appeared before the trial court as P.W.-1, pursuant to the order passed by this Court then in his cross-examination, he did not support the prosecution case and categorically stated that applicant neither made any demand of bribe from him nor he ever gave bribe to him. 13. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 01.12.2024 i.e. for last more than seven months. 14. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should 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- Ram Singh Bisth 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 :- 24.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad