HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29295 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed by applicant is taken on record. 2. Heard Sri Pranvesh, learned Advocate holding brief of Sri Ravi Jha, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 03 of 2025, under Section 7 Prevention of Corruption Act, Police Station- Anti Corruption Basti, District- Basti, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was Revenue Inspector and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant for demarcation of his land and thereafter he was arrested red handed by the trap team but entire allegation levelled against the applicant is totally false. 5. He further submitted that from the FIR, it reflects, complainant moved the complaint against the applicant on 17.06.2025 with the allegation that he is making demand of bribe for demarcation of the land but on 29.05.2025 i.e. well before the complaint, applicant had already submitted his report, which has been annexed at page no 79 of the paper book and this fact clearly suggests that on the basis of false allegation, applicant has been made accused in the present matter with the connivance of trap team. 6. He further submitted that from the FIR it also reflects, neither hands of the Versus Counsel for Applicant(s) : Abhishek Srivastava, Dheeraj Kumar Pandey, Ravi Jha Counsel for Opposite Party(s) : G.A. Ram Kushal .....Applicant(s) State of U.P. .....Opposite Party(s) applicant were washed at the place where trap was made nor recovery memo was prepared at spot and it reflects, after the alleged trap applicant and complainant have been taken to police station and at police station their hands were washed and at police station recovery memo was prepared and this fact casts serious doubt on the entire trap proceeding. 7. He further submitted that investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail since 20.06.2025 i.e.for last more than three months. 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is dishonest public servant and he was Revenue Inspector and he not only made demand of bribe for demarcation of land of the complainant but he was also apprehended red handed while he was receiving bribe but could not dispute the fact that complainant moved the complaint against the applicant on 17.06.2025 but from page no. 79 of the paper book, it reflects, on 29.05.2025 applicant had already submitted his report on the application moved by complainant. 9. He further could not dispute the fact that neither hands of the applicant were washed at the place where trap was made nor recovery memo was prepared at spot and it reflects, after the alleged trap applicant and complainant have been taken to police station and at police station hands of the applicant were washed and at police station recovery memo was prepared. 10. He further could not dispute the fact that investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail for last more than three months. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was Revenue Inspector and he made demand of bribe from the complainant for demarcation of land and thereafter he was arrested red handed by the trap team but it reflects, complainant moved a complaint against him on 17.06.2025 and well before on 29.05.2025 applicant had already submitted his report on the application moved by complainant. Considering this fact the argument advanced by learned counsel for the applicant with regard to false implication of BAIL No. 29295 of 2025 2 applicant, cannot be completely ruled out at this stage. 13. Further, from the FIR it reflects, neither hands of the applicant were washed at the place where trap was made nor recovery memo was prepared at spot and it reflects, after the alleged trap applicant and complainant have been taken to police station and at police station hands of the applicant were washed and at police station recovery memo was prepared. 14. Further, investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail since 26.06.2025 i.e.for last more than three months. 15. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed either for punitive or preventive purpose. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant- Ram Kushal 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. 19. 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. 20. 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 BAIL No. 29295 of 2025 3 said observations shall have no bearing on the merits of the case during trial. September 23, 2025 KK Patel BAIL No. 29295 of 2025 4 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad