Neutral Citation No. - 2025:AHC:144501 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17474 of 2025 Applicant :- Basantlal Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Adarsh Dwivedi, Advocate holding brief of Sri Anil Kumar Shukla, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0373 of 2021, under Sections 506 IPC and section 7 Prevention of Corruption Act, Police Station Karnelganj, District Gonda, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was Lekhpal and as per allegation he received bribe of Rs. Ninety thousand from the complainant but admittedly it is not a case of trap and actually complainant falsely implicated him in the present case as applicant refused to do his work against the law. 4. He further submitted that however as per complainant when applicant was receiving bribe from him then one person prepared a video too but genuineness of the video can only be properly adjudicated by the trial court during trial. 5. He further submitted that even there is no certificate under section 65 of Indian Evidence Act on record and therefore, even the alleged video is not admissible. 6. He further submitted that even from the FIR it reflects that it is based on vague facts and it appears as per the complainant, applicant received bribe from him about two years before and therefore, FIR of the present case has been lodged quite belatedly. 7. He further submitted that applicant is already retired from his service and he is having no criminal history to his credit and he is in jail in the present matter since 24.4.2025 i.e. for last four months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant was Lekhpal and as per allegation, he received bribe of Rs. Ninety thousand from informant but it reflects FIR of the present case was lodged after two years from the alleged receiving of the bribe and it is not a case of trap. 11. Further, however, from the FIR it reflects, complainant also prepared video while applicant was receiving bribe from him but it reflects though investigation of the case has already been completed but during investigation Investigating Officer did not obtain any certificate under section 65 of the Indian Evidence Act. 12. Further, applicant has already retired from service and he is having no criminal history to his credit and he is in jail in the present matter since 24.4.2025 i.e. for last four months. 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-Basantlal, 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 :- 22.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad