Neutral Citation No. - 2025:AHC:108016 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23108 of 2024 Applicant :- Brahmshankar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Ji Mishra,Ashutosh Kumar Srivastava,Kaushal Kumar Pandey,Rakesh Kumar Srivastava,Santosh Kumar Yadav,Vishal Ohri Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 110 of 2024 (Amended 3/24), under Sections 7, 13(1)b, 13(2) Prevention of Corruption Act, 1988, Police Station Jahangeerabad (Bulandshahar) amended Police Station Anti Corruption Meerut A.C.O. U.P., District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits, as per allegation applicant was Field Officer and he made demand of bribe of Rs. 5,000/- from the complainant and he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 5,000/- but entire allegation leveled against the applicant is totally false. 4. He further submits, in the present matter applicant is in jail since 13.03.2024 i.e. for last more than a year. He further submits, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 5. He further submits, track record of the applicant is clean and he was not having any criminal history to his credit. 6. Per contra, learned AGA opposed the prayer for bail and submits, applicant apprehended red handed by the Trap Team while he was receiving bribe of Rs. 5,000/- from the complainant but could not dispute the fact that in the present matter applicant is in jail since 13.03.2024 i.e. for last more than a year. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant was Field Officer and he made a demand of bribe from the complainant and thereafter he was apprehended red handed while he was receiving bribe from him but it reflects, in the present matter applicant is in jail since 13.03.2024 i.e. for last more than a year. 9. Further, applicant is not having any criminal history and his service record till date appears to be unblemished. 10. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Brahmshankar 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. 14. 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. 15. 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 :- 8.7.2025/AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad