Neutral Citation No. - 2025:AHC:134203 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20605 of 2025 Applicant :- Pravesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Pulak Ganguly, learned Advocate, submitted that he has filed his power on behalf of applicant in the registry of this Court but his name has not been shown in the cause list. 2. Heard Sri Pulak Ganguly, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Sections 7, 12 Prevention of Corruption Act, Police Station- Anti Corruption, District- Varanasi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was posted as Clerk in electric department and as per allegation complainant moved an application to convert his electricity connection from commercial to domestic but for doing so applicant was demanding bribe from him and thereafter co- accused Mohd. Aleem was apprehended red handed while he was receiving bribe of Rs. 5000/- from the complainant on the instruction of applicant but entire allegation levelled against the applicant is totally false. 5. He further submitted that the application against the applicant was moved by the complainant on 01.05.2025 and even before that in the month of March, 2025 electricity connection of the complainant has been converted from commercial to domestic and this fact is evident from page no.13 of the rejoinder affidavit and, therefore, there was absolutely no occasion either for the applicant to make demand of bribe or for the complainant to give bribe to him. 6. He further submitted that charge sheet has been submitted in the matter and applicant is not having any criminal history and in the present matter, he is in jail since 06.05.2025. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard both of the parties and perused the record of the case. 9. However, applicant was posted as Clerk in the electric department and as per allegation, he made demand of bribe from the complainant to convert his electricity connection from commercial to domestic and thereafter co-accused Mohd. Aleem, who was lineman, was arrested red handed by the trap team while he was receiving bribe from the complainant on the instruction of applicant but it reflects, complaint was moved by the complainant against the applicant on 01.05.2025 and thereafter co-accused was apprehended red handed but even before that in the month of March, 2025 electricity connection of complainant has been converted from commercial to domestic. Considering this fact the argument advanced by learned counsel for the applicant with regard to false implication of applicant, cannot be completely ruled out at this stage. 10. Further, charge sheet has been submitted in the matter and applicant is not having any criminal history and in the present matter, he is in jail since May, 2025 11. Further, co-accused Mohd. Aleem, who was apprehended red handed, has been released on bail by this Court and his bail order has been annexed along with the rejoinder affidavit filed in support of the instant bail application. 12. 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. 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- Pravesh 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. 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 :- 7.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad