Neutral Citation No. - 2025:AHC:106153 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 880 of 2025 Applicant :- Anurag Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 09 of 2024, under Sections 7, 13(1)(B) read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station Anti corruption Prayagraj, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is Clerk in Tehsil and as per allegation appointment of the complainant was made on the post of Seasonal Ameen but in spite of that he was not allowing to joint the duty and for his joining, applicant made a demand of Rs. 4,000/- as bribe and on 05.11.2024 he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 4,000/- from him but entire allegation leveled against the applicant is totally false. 4. He further submits, applicant was having only authority to forward the information of appointment to the higher authorities and on 04.11.2024 he forwarded the information of appointment of the complainant and others and this fact is evident from page-54 of the paper-book. He further submits, therefore, there was absolutely no occasion for applicant to make demand of bribe of Rs. 4,000/- from the complainant and this fact clearly suggests that entire prosecution case is false and bogus. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 06.11.2024 i.e. for last more than seven months. 6. 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. 4,000/- from the complainant but could not dispute the fact that Trap was made on 05.11.2024 and a day before i.e. on 04.11.2024 applicant had already forwarded the application of complainant and others to the higher authorities. 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 06.11.2024 i.e. for last more than seven months. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant was Clerk in Tehsil and he made demand of Rs. 4,000/- from the complainant to join him on the post of Seasonal Ameen in spite of his appointment and thereafter he was arrested red handed on 05.11.2024 by the Trap Team while he was receiving bribe of Rs. 4,000/- from him but from page-54 of the paper-book, it reflects, a day before i.e. 04.11.2024 applicant had already forwarded the information of appointment of the complainant and others to the higher authorities. 9. Considering above fact, the argument advanced by learned counsel for applicant that there was absolutely no occasion for complainant to give bribe to the applicant and even there was no occasion for applicant to make demand of bribe, cannot be ruled out specially considering the fact that averment made in paragraph-9 has not been controverted by the State in the counter affidavit and this fact prima facie casts doubt on the story of Trap. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 06.11.2024 i.e. for last more than seven months. 11. Further, unless proven guilty an accused is deemed to be innocent and 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 - Anurag Srivastava 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 :- 7.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad