Neutral Citation No. - 2025:AHC:119588 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20769 of 2025 Applicant :- Kamal Kashyap Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Maniji Bakhshi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sandeep Maniji Bakhshi, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2025, under Sections 7 Prevention of Corruption Act, Police Station- Anti-corruption Prayagraj, District- Prayagraj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was Junior Engineer in Electric Department and as per allegation, he made demand of bribe from the complainant to give electricity connection and he was arrested red handed by the trap-team while he was receiving bribe from him but entire allegation levelled against the applicant is totally false. 4. He further submitted that from the FIR, it reflects, recovery memo and other documents have not been prepared at spot rather the same have been prepared at police station and this fact casts serious doubt on the entire trap proceedings. 5. He further submitted that even being Junior Engineer, applicant was not having any authority to give electricity connection to the complainant and the same authority was vested with Executive Engineer, therefore, there was absolutely no occasion for the applicant to make demand of bribe from the complainant 6. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 21.03. 2025 i.e. for last four months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Junior Engineer 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. 5,000/- from him but could not dispute the fact that recovery memo and other documents have not been prepared at spot rather the same have been prepared at police station. 8. He further could not dispute the fact that being Junior Engineer, applicant was not having any authority to give electricity connection to the complainant and the same authority was vested with Executive Engineer. 9. He further could not dispute the fact that investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail in the present matter since 21.03. 2025 i.e. for last four months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, applicant was posted as Junior Engineer in the Electricity Department and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant to give electric connection and was arrested red handed by the trap team but it reflects, recovery memo and other documents have not been prepared at spot rather the same have been prepared at police station. 12. Further, being Junior Engineer, applicant was not having any authority to give electricity connection to the complainant and the same authority was vested with Executive Engineer. 13. Further, investigation of the case has already been concluded and charge sheet has been submitted and applicant is not having any criminal history and he is in jail in the present matter since 21.03. 2025 i.e. for last four months. 14. 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. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant- Kamal Kashyap 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. 18. 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. 19. 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 :- 22.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad