Neutral Citation No. - 2025:AHC:145456 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21514 of 2025 Applicant :- Rajbahadur Prasad Urf Chandan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Shukla,Satyawan Yadav,Shiv Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Shiv Bahadur Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA 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 Section 7 of Prevention of Corruption Act, Police Station Anti Corruption Azamgarh, District Azamgarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was clerk in the office of SDM, concerned and as per allegation, complainant moved an application before SDM concerned for conversion of his land from agricultural land to residential and although on his application a report was called from Tehsildar and Tehsildar concerned has submitted the report but applicant alongwith the conversion fee which was Rs. 22780/- made demand of bribe of Rs. 10,000/- and thereafter 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. 5. He further submitted that actually without depositing the conversion fee, complainant pressurizing the applicant to submit the report and when applicant refused to do so then with the connivance of the trap team, he implicated him in the present matter. 6. He further submitted that even from the FIR it reflects that after the alleged trap applicant was taken to some other place and at that place, his hands were washed and thereafter he was taken to the police station and at police station recovery memo and other documents relating to trap were prepared and this fact casts serious doubt on the trap proceeding. 7. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 18.4.2025 i.e. for last more than four months. 8. Per contra, learned AGA opposed the prayer and submitted that applicant was public servant and he not only made demand of bribe but he was also arrested red handed by the trap team but he could not dispute the fact that after the alleged trap, applicant was firstly taken to one another place where his hands were washed and thereafter he was taken to police station where recovery memo and other documents relating to trap were prepared. 9. He further could not dispute the fact that demand of bribe was being made by the applicant for conversion of his land from agricultural land to residential land but till the trap, complainant did not deposit required conversion fee. 10. He further could not dispute the fact that applicant is having no criminal history and he is in jail in the present matter since 18.4.2025 i.e. for last more than four months. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant was clerk in the office of SDM concerned and he made demand of bribe of Rs. 10,000/- from the complainant for submitting his report on the application moved by him for converting his land from agricultural to residential and thereafter he was arrested red handed by the trap team but it reflects, after the alleged trap applicant was taken to some other place and at that place, his hands were washed and thereafter he was taken to police station and at police station, recovery memo and other documents relating to trap were prepared.Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceeding cannot be ruled out at this stage. 13. Further, record also suggests that as per allegation, applicant was making demand of bribe for submitting report on the application of complaint which was moved for conversion of the land from agricultural land to residential but till trap complainant did not deposit the required conversion fee which was Rs. 22780/-. Considering this fact the argument advanced by learned counsel for applicant with regard to the false implication of the applicant, cannot be ruled out at this stage. 14. Further, applicant is having no criminal history and he is in jail in the present matter since 18.4.2025 i.e. for last more than four months. 15. Further, investigation of the case has already been concluded. 16. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 17. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant-Rajbahadur Prasad Urf Chandan 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. 20. 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. 21. 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 :- 22.8.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad