Neutral Citation No. - 2025:AHC:114978 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20471 of 2025 Applicant :- Bijendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma,Shyam Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Nitin Sharma, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 02 of 2025, under Sections 7A Prevention of Corruption Act, Police Station- Agra Sector Vigilance Establishment Agra, District- Meerut, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that as per allegation, applicant received bribe of Rs. 70,000/- from the complainant on the instructions of co-accused Smt. Kiran, the District Panchayati Raj Adhikari and he was arrested red handed by the trap-team but entire allegation levelled against the applicant is totally false. 5. He further submitted that admittedly, applicant was not the public servant and he was private person and was personal driver of co-accused Smt. Kiran, the District Panchayati Raj Adhikari. 6. He further submitted that even from the FIR, it reflects, there is no allegation against the applicant that he made any demand of bribe from the complainant and admittedly demand of bribe was made by co-accused Smt. Kiran, the District Panchayati Raj Adhikari. He further submitted that only being driver of co- accused Smt. Kiran, applicant has been made accused in the present matter. 7. He further submitted that co-accused Smt. Kiran, the District Panchayati Raj Adhikari has been released on bail by co-ordinate Bench of this Court and her bail order has been annexed at page no. 186 of the paper book. 8. He further submitted that even offence under Section 7A Prevention of Corruption Act is punishable with maximum punishment of seven years. 9. He further submitted that investigation of the case has already been concluded and charge sheet has been submitted. 10. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 05.02 2025 i.e. for last more than five months. 11. 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. 70,000/- from the complainant on the instructions of co-accused Smt. Kiran, the District Panchayati Raj Adhikari but could not dispute the fact that applicant was private person and he was not the government servant and he did not make any demand of bribe from the complainant and admittedly demand of bribe was made by co- accused Smt. Kiran, the District Panchayati Raj Adhikari. He further could not dispute the fact that co-accused Smt. Kiran has already been released on bail by co-ordinate Bench of this Court. 12. He further could not dispute the fact that investigation of the case has been concluded and applicant is not having any criminal history and he is in jail in the present matter for last more than five months. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, as per allegation, applicant was arrested red handed by the trap team while he was receiving bribe of Rs. 70,000/- from the complainant on the instructions of co-accused Smt. Kiran, who was public servant and she was posted as District Panchayati Raj Adhikar but it reflects, demand of bribe was made by co-accused Smt. Kiran, the District Panchayati Raj Adhikari and there is no allegation that applicant also made any demand of bribe from the complainant. 15. Further, applicant was the not public servant and he was personal driver of co-accused Smt. Kiran, the District Panchayati Raj Adhikari and even from the recovery memo, it reflects, he was arrested from the residential house of co-accused Smt. Kiran. 16. Further, co-accused Smt. Kiran, the District Panchayati Raj Adhikari has already been released on bail by co-ordinate Bench of this Court. 17. Further, investigation of the case has already been concluded and charge sheet has been submitted. 18. Further, even offence under Section 7A Prevention of Corruption Act is punishable with maximum punishment of seven years and applicant is not having any criminal history and he is in jail in the present matter since 05.02 2025 i.e. for last more than five months. 19. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 20. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 21. Let the applicant- Bijendra Singh 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. 22. 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. 23. 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 :- 16.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad