Neutral Citation No. - 2025:AHC:134175 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12758 of 2025 Applicant :- Sachin Kumar Opposite Party :- Cbi Counsel for Applicant :- Akash Tyagi,Anay Kumar Srivastava,Neha Tyagi,Samir Srivastava Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Akash Tyagi, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 2. The instant application has been filed seeking release of the applicant on bail in Case RC No. 120/2025A0003, under Section 61(2) B.N.S. & Section 7 Prevention of Corruption Act, Police Station- ACB CBI, Ghaziabad, District- Ghaziabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was driver of co-accused Aftab Singh and as per allegation, co-accused Vikas and Aftab, who were Inspector and Superintendent in C.G.S.T ., Meerut respectively, made demand of bribe from the complainant and thereafter applicant was arrested red handed while he was receiving bribe of Rs. one lakh from the complainant on the instruction of co-accused Aftab but entire allegation levelled against the applicant is totally false. 4. He further submitted that even being driver of co-accused Aftab, who was Superintendent C.G.S.T., if applicant received bribe money then also it cannot be said that he committed the alleged offences under Section 61(2) BNS and Section 7 Prevention of Corruption Act. 5. He further submitted that admittedly there is no allegation that applicant also made any demand of bribe from the complainant. 6. He further submitted that applicant is not having any criminal history and investigation of the case has already been concluded and in the present matter, applicant is in jail since 13.02.2025 i.e. for last six months. 7. Per contra, learned counsel for CBI opposed the prayer for bail and submitted that applicant was arrested red handed by C.B.I. while he was receiving bribe of Rs. one lakh from the complainant but could not dispute the fact that there is no allegation that applicant also made any demand of bribe from the complainant. 8. He further could not dispute the fact that applicant was driver of co-accused Aftab, who was Superintendent C.G.S.T., Meerut and he received bribe on the instruction of co-accused Aftab. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter since February, 2025 and investigation of the case has already been concluded. 9. I have heard both the parties and perused the record of the case. 10. However, applicant was allegedly arrested by the C.B.I. team while he was receiving bribe of Rs. one lakh from the complainant but it reflects, there is no allegation that he also made demand of bribe from the complainant . 11. Record also suggests that he was driver of co-accused Aftab, who was Superintendent C.G.S.T., Meerut and he along with co- accused Vikas, the Inspector made demand of bribe from the complainant and applicant received the bribe on his instruction. Considering all these facts the argument advanced by learned counsel for the applicant cannot be completely ruled out at this stage. 12. Further, applicant is not having any criminal history and in the present matter, he is in jail since 13.02.2025 i.e. for last six months and investigation of the case has already been concluded. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Further, maximum punishment provided for the offence under Section 7 P.C. Act is seven years. 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- Sachin 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. 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 :- 7.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad