Neutral Citation No. - 2025:AHC:82462 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22016 of 2024 Applicant :- Dharmesh Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Ms. Anjali Singh, learned Advocate assisted by Mr. Raghvendra Singh, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant second bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 03 of 2024, under Sections 7/13(1)(b) read with Section 13(2) of Prevention of Corruption Act, Police Station Anti Corruption, District Gonda during the pendency of trial. 3-The first bail application of the applicant was rejected by this Court vide order dated 28.03.2024 in Criminal Misc. Bail Application No. 11786 of 2024. 4-The main substratum of argument of learned counsel for the applicant is that before the trial court, statement of the complainant has been recorded as PW-2 on 19.04.2025 and 08.05.2025, in which the complainant has stated inter-alia that at the time of trap proceedings, there was no conversation between him and applicant-Dharmesh Kumar Rai and he, after keeping the tainted money in the file lying on the table, came out from the room and thereafter, the police apprehended the applicant, whereas, as per the prosecution case in the F.I.R., the complainant had given the tainted notes in the hands of the applicant, who kept the same in his pocket and thereafter, he was caught red handed. On the strength of aforesaid facts, it is next argued that as per the statement of the complainant, prosecution case as alleged in the F.I.R. that the applicant was caught red handed while accepting bribe is fully demolished. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.02.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the statement of the complainant has been recorded before the trial court, therefore, there is no possibility of tampering the prosecution evidence. The manner of apprehending the applicant as mentioned in the F.I.R. is contrary to the statement given by the complainant before the trial court, therefore, the applicant has made out prima-facie case for bail. 7-Hence, the bail application is hereby allowed. 8-Let the applicant- Dharmesh Kumar Rai, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 17.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad