Neutral Citation No. - 2025:AHC:106693 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1076 of 2025 Applicant :- Prabhakar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Pulak Ganguly Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pulak Ganguly, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 22 of 2024, under Sections 7 r/w sections 13(1)b and 13(2) Prevention of Corruption Act, Police Station Anti Corruption Varanasi, District Varanasi during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Lekhpal and as per allegation he made demand of Rs. 10,000/- as bribe from the complainant for forwarding his report, which was necessary for mutation of the name of the complainant and he was arrested red handed on 18.10.2024 by the Trap Team while he was receiving bribe of Rs. 10,000/- from him but entire allegation leveled against the applicant is totally false. 4. He further submits, from the photostat copy of the recovery memo, which has been annexed along with instant bail application, it reflects, on the recovery memo there is no signatures of applicant and others and this fact clearly suggests that entire trap proceedings was false and manipulated. 5. He further submits, even with regard to mutation of the name of complainant on the land in question, mutation proceedings is pending before the competent authority, therefore, there was no occasion for applicant to submit its report because the name of complainant till the disposal of mutation proceedings cannot be mutated and this fact again casts serious doubt on the proceedings of trap. 6. He further submits, as complainant wanted that applicant in spite of the pendency of mutation proceedings before competent authority submit his report, therefore, on the refusal of the applicant he made false complaint against him and with the connivance of the Trap Team he succeeded to implicate the applicant in the present matter. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 18.10.2024 i.e. for last more than eight months. 8. Per contra, learned AGA opposed the prayer for bail and submits, applicant was Lekhpal and he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 10,000/- from the complainant but could not dispute the fact that from perusal of the recovery memo, it reflects, the signature of applicant was not over it however in the recovery memo it has been mentioned that his signature is being taken up. 9. Learned AGA further could not dispute the fact that with regard to mutation of the name of the complainant a mutation proceeding is pending before the competent authority. 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 18.10.2024 i.e. for last more than eight months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant, who was Lekhpal made a demand of bribe of Rs. 10,000/- from the complainant for forwarding report and thereafter he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 10,000/- from him but from the recovery memo, it reflects, signature of applicant is not present on it, however, in the recovery memo it has been mentioned that his signature is being taken up. 12. Further, record also suggests that with regard to mutation of the name of the complainant on the property in question proceeding of mutation is pending before the competent authority as matter was contesting one. Considering this fact, the argument advanced by learned counsel for applicant that there was absolutely no occasion for applicant to submit its report, cannot be ruled out at this stage. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 18.10.2024 i.e. for last more than eight months. 14. Further, applicant is in service since long and till date his track record is unblemished. 15. Further, unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant - Prabhakar Pandey 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. 19. 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. 20. 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