Neutral Citation No. - 2025:AHC:114972 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22406 of 2025 Applicant :- Rishinand Gond Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed by applicant is taken on record. 2. Heard Sri Anil Kumar Pandey, learned counsel for the applicant and Sri Jhamman Ram, 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 Sections 7 Prevention of Corruption Act, Police Station- Anti-corruption Gorakhpur, District-Gorakhpur, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was Senior Assistant in the office of Executive Entineer, Tube-well Division and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant for clearance of his gratuity amount and thereafter he was arrested red handed by the trap-team while he was receiving bribe from the complainant but entire allegation levelled against the applicant is totally false. 5. He further submitted that complaint has been made by the complainant against the applicant on 15.02.2025 with the allegation that applicant is making demand of bribe of Rs. 5,000/- but from page no. 37 of the paper book, which is parcha of case diary, it reflects, file of complainant was received in the office of Executive Engineer on 14.02.2025 and thereafter next day i.e. on 15.02.2025 applicant himself posted the same in the diary at Serial No. 1005. He further submitted that 16.02.2025 was the public holiday being Sunday and thereafter on 17.02.2025 and 18.02.2025 Executive Engineer was on leave due to training, therefore, allegation made against the applicant in the application dated 15.02.2025 prima facie appears to be false. 6. He further submitted 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 since 18.02.2025 i.e. for last five months. 7 Per contra, learned AGA opposed the prayer for bail and submitted that applicant misused his position being public servant and he was apprehended red handed while he was receiving bribe from the complainant but could not dispute the fact that complainant moved the application against the applicant on 15.02.2025 and from the record, it reflects, applicant was posted in the office of Executive Engineer, Tube-well Division as Senior Assistant and he received the file of complainant on 14.02.2025 and posted the same on 15.02.2025 in the diary. He further could not dispute the fact that on 20.02.2025 payment of gratuity amount of complainant has been made. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last five months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant was posted as Senior Assistant in the office of Executive Engineer, Tube-well Division and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant to clear his gratuity amount and was arrested red handed but it reflects, file of the complainant was received in the office of Executive Engineer, where applicant was posted, on 14.02.2025 and thereafter on 15.02.2025 applicant himself posted the same in the diary and thereafter on 20.02.2025 even payment of gratuity amount of the complainant has been made. Considering this fact the argument advanced by learned counsel for the applicant that till applicant could take action on the file of the complainant, he on the basis of false allegation moved application against him on 15.02.2025, cannot be ruled out at this stage. Considering this fact, entire trap proceeding dated 18.02.2025 also comes under cloud. 10. Further, maximum punishment provided for the offence under Section 7 Prevention of Corruption Act is seven years. 11. Further, 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 18.02.2025 i.e. for last five months. 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- Rishinand Gond 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 :- 16.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad