Neutral Citation No. - 2025:AHC:141690 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49893 of 2023 Applicant :- Akshay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Tiwari,R.S. Maurya,Satish Chandra Tiwari Counsel for Opposite Party :- Dhirendra Singh Patel,G.A.,Vivek Kumar Maheshwari Hon'ble Sameer Jain,J. 1. Heard Shri Manish Kumar Tiwari, learned counsel for the applicant, Shri Vijay Bahadur Maurya, learned AGA for the State- respondent and Sri Mazhar Ali, Advocate holding brief of Sri Vivek Kumar Maheshwari, learned counsel for the complainant. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.481 of 2023 (Case Crime No.3 of 2023, Police Station Anti Corruption, Saharanpur), under Sections 07, 13(1)(B), 13(2) Prevention of Anti Corruption Act, 1988, Police Station Shamli, District Shamli, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was a Clerk in the office of District Development Officer and as per allegation, District Development Officer was officiating the work of the office of Commissioner, National Rural Employment Mission, Shamli and payment of Rs.1,42,500/- of the complainant was due and applicant made demand of bribe of Rs.30,000/- from the complainant to clear his dues and thereafter he was apprehended red handed by the trap team while he was receiving bribe from the complainant but entire allegations made against applicant are totally false. 4. He further submits that even being petty Clerk, applicant was not having any authority to clear the alleged dues of the complainant and therefore, there was no occasion for the complainant to give bribe to the applicant. 5. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 01.10.2023 i.e. for last more than one and half years. 6. Per contra, learned AGA as well as learned counsel for the complainant opposed the prayer for bail and submit that applicant was public servant and he not only made demand of bribe from the complainant but he was also apprehended red handed by the trap team while he was receiving bribe of Rs.30,000/- from the complainant but could not dispute the fact that applicant was a Clerk in the office of co-accused Rajat Yadav and applicant was not having any authority to clear the dues of the complainant and the authority for the same was vested with District Development Officer. 7. They 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 01.10.2023 i.e. for last more than one and half years. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. However, as per allegation, applicant being public servant misused his position and he made demand of bribe of Rs.30,000/- from the complainant and thereafter he was apprehended red handed by the trap team while he was receiving bribe from him but it reflects that he was Clerk in the office of District Development Officer and demand of bribe was being made by him to clear the dues of the complainant of about Rs.1,42,500/- but being clerk, he was not having any authority to clear the dues of the complainant and the authority for the same was vested with District Development Officer. 10. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 01.10.2023 i.e. for last more than one and half years. 11. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Akshay 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. 15. 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. 16. 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 :- 19.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad