Neutral Citation No. - 2025:AHC:125264 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42494 of 2024 Applicant :- Shashi Shekhar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal,Prateek Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Akhilesh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 434 of 2024, under Sections 7 Prevention of Corruption Act, Police Station Kotwali Nagar Hapur, District Hapur during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation being public servant applicant made demand of bribe from the complainant Dharmendra Singh and thereafter he was apprehended red handed by the Trap Team while he was receiving bribe of Rs. 30,000/- from him but entire allegation leveled against the applicant is totally false. 4. He further submits, when complainant appeared before the trial court on 04.07.2025 then he did not support the prosecution case and has been declared hostile and his statement recorded by the trial court has been annexed in the supplementary affidavit dated 16.07.2025 filed in support of instant bail application. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2024 i.e. for last more than a year. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant was Deputy Ranger and he made demand of bribe of Rs. 30,000/- from the complainant and thereafter he was apprehended red handed by the Trap Team while he was receiving Rs. 30,000/- but it reflects, during trial complainant did not support the prosecution case and has been declared hostile. 9. Further, applicant is not having any criminal history and in the present matter he is in jail since 19.06.2024 i.e. for last more than a year. 10. 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. 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 - Shashi Shekhar Sharma 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 :- 29.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad