Neutral Citation No. - 2025:AHC:138539 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11830 of 2025 Applicant :- Anupam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Balram Singh,Pankaj Kumar Shukla,Punit Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahaveer Yadav, Advocate holding brief of Sri Balram Singh, learned counsel for the applicant and Sri Arvind Kumar, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.0084 of 2025, under Section 12 Prevention of Corruption Act, 1988, Police Station Mawana, District Meerut later on converted in Case Crime No.5 of 2025 under Section 12 of Prevention of Corruption Act, 1988, Police Station Anti Corruption, District Meerut, during pendency of the trial. 3. Learned counsel for the applicant submits that as per allegation, applicant was private assistant of co-accused Akid Alil, the Supply Inspector and on the instructions of Akid Ali, he received bribe money from the complainant. 4. He further submits that there is no allegation that applicant made any demand of bribe. 5. He further submits that if being private assistant/servant, applicant received alleged bribe money from the complainant then, it cannot be said that he committed any offence. 6. He further submits that principal accused in the present case is co-accused Akid Ali, the Supply Inspector. 7. He further submits that applicant is not having any previous criminal antecedents to his credit and he is in jail in the present matter since 07.03.2025, i.e, for last more than five months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments and facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant was arrested red handed by the Trap Team while he was receiving alleged bribe of Rs. Forty Five Hundred from the complainant, but admittedly applicant is not a public servant and he was the private assistant of the co-accused Akid Ali, the Supply Inspector and he received money on his instructions. Further, there is no allegation that he made any demand of bribe. Considering the allegation levelled against the applicant the argument advanced by the learned counsel for the applicant cannot be ruled out at this stage. 11. Further, applicant is not having any previous criminal history to his credit and applicant is in jail in the present matter since 07.03.2025 i.e. for last more than five months. 12. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 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- Anupam Kumar 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. 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. Order Date :- 13.8.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad