Neutral Citation No. - 2025:AHC:114994 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17753 of 2025 Applicant :- Ramnaresh Opposite Party :- State of U.P. Counsel for Applicant :- Divyanshu Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Nitin Kumar Singh, learned Advocate submitted that he is also counsel for the applicant but his name has not been shown in the cause list. 2. Heard Sri Nitin Kumar Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 08 of 2025, under Sections 7 Prevention of Corruption Act, Police Station- Anti-corruption Bareilly, District- Bareilly, during pendency of the trial in the court below. 5. Learned counsel for the applicant submitted that applicant was posted as peshkar in the court/office of Consolidation Officer, Pramod Kumar Singhal and as per allegation, on the instruction of co-accused Pramod Kumar Singhal, he received bribe of Rs. 2 lakhs from the complainant and he was arrested red handed by the trap-team but entire allegation levelled against the applicant is totally false. 6. He further submitted that there is no allegation that applicant made any demand of bribe from the complainant and admittedly demand of bribe was made by co-accused Pramod Kumar Singhal, the Consolidation Officer. He further submitted that even being peshkar, applicant was not having any authority to enter the name of complainant in the revenue record and the authority for the same was vested with co-accused Pramod Kumar Singhal, the Consolidation Officer. 7. He further submitted that applicant has been made scapegoat in the present matter as he was subordinate to co-accused Pramod Kumar Singhal. 8. He further submitted that even arrest of co-accused Pramod Kumar Singhal, the Consolidation Officer, has been stayed by this Court vide order dated 17.03.2025 passed in Criminal Misc. Writ Petition No. 4852 of 2025. 9. He further submitted that investigation of the case has already been concluded and charge sheet has been submitted. 10. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since February, 2025 i.e. for last five months. 11. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was apprehended red handed by the trap- team while he was receiving bribe of Rs. 2 lakhs from the complainant on the instructions of co-accused Pramod Kumar Singhal, the Consolidation Officer but could not dispute the fact that there is no allegation that applicant made any demand of bribe from the complainant and admittedly demand of bribe was made by co-accused Pramod Kumar Singhal. 12. He further could not dispute the fact that Division Bench of this Court has stayed the arrest of co-accused Pramod Kumar Singhal, the Consolidation Officer. He further could not dispute the fact that investigation of the case has been concluded and applicant is not having any criminal history and he is in jail in the present matter since February, 2025 i.e. for last five months. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, applicant was peshkar in the office of co-accused Pramod Kumar Singhal, the Consolidation Officer and as per allegation, on the instruction of co-accused Pramod Kumar Singhal, he received bribe of Rs. 2 lakhs from the complainant and was arrested red handed by the trap team but it reflects, demand of bribe was made by co-accused Pramod Kumar Singhal, the Consolidation Officer and there is no allegation that applicant also made any demand of bribe from the complainant. 15. Further, as applicant was peshkar of Consolidation Officer i.e. co-accused Pramod Kumar Singhal, therefore, he was not having any authority to enter the name of complainant in the revenue record and authority of the same was vested with the Consolidation Officer i.e. co-accused Pramod Kumar Singhal. 16. It also appears that during investigation when co-accused Pramod Kumar Singhal approached this Court in Criminal Misc. Writ Petition then Division Bench of this Court was pleased to stay his arrest till submission of the police report under Section 173(2) Cr.P.C/ 193(3) BNSS. 17. Further, investigation of the case has already been concluded and charge sheet has been submitted and maximum punishment provided for the offence under Section 7 of Prevention of Corruption Act is seven years. 18. Further, applicant is not having any criminal history and he is in jail in the present matter since 24.02.2025 i.e. for last five months. 19. 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. 20. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 22. Let the applicant- Ramnaresh 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. 23. 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. 24. 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 :- 16.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad