Neutral Citation No. - 2025:AHC:109334 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13424 of 2025 Applicant :- Jasvir Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Shukla,Manish Kumar Tripathi,Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Jhamman Ram, 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. 01 of 2024 (Amended Case Crime No. 13 of 2024), under Sections 7, 13(1)(B), 13(2) Prevention of Corruption Act, Police Station Sadar Bazar (Amended Police Station Anti Corruption), District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is Sub Inspector in U.P. Police and as per allegation complainant moved an application against his opponent and thereafter S.O. concerned marked the case to the applicant for inquiry and thereafter applicant started making demand of bribe of Rs. 20,000/- from the complainant and thereafter he was apprehended red handed by the Trap Team on 20.12.2024 while he was receiving bribe from him but entire allegation leveled against the applicant is totally false. 4. He further submits, as soon as the inquiry was marked to the applicant then he immediately conducted the inquiry and on 17.12.2024 he submitted the report, which has been annexed at page-94 of the paper-book and from perusal of the same it reflects, complainant and his opponent were challaned by the applicant under Section 126, 135 B.N.S.S. as there was chance of breach of peace. He further submits, alleged trap was made on 20.12.2024 i.e. after three days and this fact clearly suggests that entire trap proceedings is false and manipulated one. 5. He further submits, as applicant had already conducted the inquiry, which was marked to him by S.O. concerned and had already submitted its report, therefore, there was absolutely no occasion for the complainant to give bribe to him. 6. He further submits, even from the recovery memo it reflects, the recovery memo and other documents related to trap have not been prepared at spot and the same were prepared at police station and this fact again casts serious doubt on the alleged trap proceedings. 7. He further submits, applicant is responsible police officer and he never involved in any illegal activities and till date his service record is unblemished. 8. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 20.12.2024 i.e. for last more than six months. 9. Per contra, learned AGA opposed the prayer for bail and submits, applicant was apprehended red handed by the Trap Team while he was receiving Rs. 20,000/- as bribe from the complainant but he could not dispute the fact that demand of bribe was being made by the applicant as inquiry was marked to him on the application moved by the complainant but even before the trap he had already concluded his inquiry and submitted his report and he had already challaned the complainant and his opponent under Sections 126, 135 B.N.S.S. 10. Learned AGA further could not dispute the fact that from the FIR it also reflects, recovery memo and other documents related to trap proceedings were not prepared at spot rather these documents were prepared at police station. 11. Learned AGA further could not dispute the fact that applicant is not having any criminal history and in the present matter he is in jail since 20.12.2024 i.e. for last more than six months. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, applicant is Sub Inspector in U.P. Police and as per allegation he made a demand of bribe and thereafter was arrested on 20.12.2024 red handed by the Trap Team while he was receiving bribe of Rs. 20,000/- from him but record further suggests that allegedly the demand of bribe was made by the applicant as S.O. concerned marked inquiry to him on the application moved by the complainant against his opponent but even before the trap proceedings i.e. before 20.12.2024 applicant had already completed his inquiry and submitted his report on 17.12.2024 and he challaned the complainant and his opponent under Sections 126, 135 B.N.S. as according to him there was chance of breach of peace. Considering this fact, the argument advanced by learned counsel for applicant that as applicant had already completed the inquiry, therefore, there was no occasion for the complainant to give bribe to him, cannot be ruled out at this stage. 14. Further, from the FIR it reflects, recovery memo of the case and other documents related to the trap proceedings have not been prepared at spot and these documents were prepared at police station. This fact again casts doubt on the entire trap proceedings. 15. Further, till trap proceedings, it appears, service record of the applicant was unblemished and he is not having any criminal history and in the present matter he is in jail since 20.12.2024 i.e. for last more than six months. 16. 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. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant - Jasvir Singh 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. 20. 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. 21. 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 :- 9.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad