Neutral Citation No. - 2025:AHC:115666 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28461 of 2024 Applicant :- Dinesh Kumar Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Pankaj Srivastava, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 2. The instant bail application has been filed seeking release of the applicant on bail in R.C. No. RC1202024A0009, under Sections 120B IPC and Sections 7, 7A of Prevention of Corruption Act, Police Station C.B.I. ACB Ghaziabad, District Ghaziabad during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Field Officer in the bank and as per allegation he made demand of bribe from the complainant to renew the KCC loan of his father and thereafter on his instructions co-accused Bheem Singh, who was private person received bribe of Rs. 3,500/- from him and he was arrested by the trap proceedings conducted by C.B.I. He further submits, as per allegation, thereafter applicant was also arrested, who was also present near the place of trap but entire allegation leveled against the applicant is totally false. 4. He further submits, admittedly there is no allegation against the applicant that he also received any bribe and from the charge-sheet filed by C.B.I., which has been filed along with counter affidavit, it reflects, bribe was accepted by co-accused Bheem Singh. 5. He further submits, it is a case in which after investigation charge-sheet has been filed and applicant is in jail since 13.06.2024 i.e for last more than a year and for alleged offences maximum punishment provided is seven years. 6. He further submits, applicant is not having any criminal history. 7. Per contra, learned counsel appearing on behalf of C.B.I. opposed the prayer and submits, applicant was posted as Field Officer in the Bank and he made demand of bribe from the complainant and thereafter bribe was given by the complainant to co-accused Bheem Singh, who received bribe on the instructions of the applicant, therefore, considering the provisions of Section 7A of Prevention of Corruption Act it cannot be said that no offence is made out against the applicant. However, learned counsel appearing on behalf of C.B.I. fairly conceded the fact that investigation of the case has been completed and charge-sheet has been filed and applicant is in jail since 13.06.2024 i.e for last more than a year and maximum punishment provided for alleged offences under Section 7 and 7A P.C. Act is of seven years. 8. He further could not dispute the fact that applicant is not having any criminal history to his credit. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, being Field Officer of the bank applicant made demand of bribe from the complainant to renew the KCC loan of his father and thereafter on his instructions co- accused Bheem Singh, who was private person received bribe and was apprehended red handed by the C.B.I. and from his possession bribe money was also recovered but it reflects, investigation of the case has already been concluded and charge-sheet has been filed and in the present matter applicant is in jail for last more than a year. 11. Further, applicant is not having any criminal history to his credit. Further, maximum punishment provided for the alleged offences is of seven years. 12. 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. 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 - Dinesh Kumar Saxena 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 :- 17.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad