Neutral Citation No. - 2025:AHC:105987 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23247 of 2025 Applicant :- Mohammad Aleem Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Singh,Mahendra Pratap Singh,Rohit Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Mahendra Pratap Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.05 of 2025, under Sections 7 and 12 Prevention of Corruption Act, Police Station Anti Corruption, District Varanasi during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant was apprehended red handed while he was receiving bribe of Rs.Five Thousand from the complainant on the instruction of co-accused Pervesh Kumar, who was Senior Clerk in the Electricity Department but entire allegation levelled against the applicant is totally false. 4. He further submits that admittedly applicant is a Lineman, who worked in the Electricity Department on contractual basis and as per allegation bribe was given to change electric connection of the complainant from commercial to domestic and being private person applicant was not having any authority to change his electric connection and the power to change the same is vested with the senior officers of the Electricity Department. 5. He further submits that even as per prosecution applicant received bribe at the behest of co-accused Parvesh Kumar and, therefore, co-accused Parvesh Kumar appears to be principal accused. 6. He further submits that applicant is not having any previous criminal history to his credit and in the present matter he is in jail since 6.5.2025, i.e, for the last more than two months. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant was apprehended red handed by Trap Team while he was receiving bribe of Rs. Five Thousand from the complainant but he could not dispute the fact that there is no allegation that applicant made any demand of bribe and the same was made by co-accused Pravesh Kumar and he acted on behalf of co-accused Pravesh Kumar. He further could not dispute the fact that applicant is a private person and he was Lineman. 8. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history to his credit and in the present matter he is in jail since 6.5.2025, i.e., for the last more than two months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was arrested red handed by Trap Team while he was receiving bribe of Rs.Five Thousand from the complainant but there is no allegation that he made any demand of bribe and record suggests that the same was made by co-accused Pravesh Kumar, who was Senior Clerk in Electricity Department. 11. Further, applicant is not a government employee and he is a private person and he was contractual employee. 12. Further, applicant is not having any other criminal history and he is in jail in the present matter since 06.5.2025, i.e., for the last more than two months. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Mohammad Aleem 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. 17. 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. 18. 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 :- 7.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad