Neutral Citation No. - 2025:AHC:137142 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2071 of 2025 Applicant :- Munna Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nitin Sharma,Parmeshwar Yadav Hon'ble Sameer Jain,J. 1. Heard Sri Nitin Sharma, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 12 of 2024, under Sections 7, 13(1)(ख) and 13(2) Anti Corruption Act, Police Station Anticorruption Gorakhpur, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was Lekpal and as per allegation for submission of report in a matter which was marked to him by SDM concerned he made demand of bribe from the complainant and thereafter he was arrested by the trap team on 4.10.2024 while he was receiving Rs. 10,000/- through co-accused Anil Kasodhan alongwith him but entire allegation levelled against the applicant is totally false. 4. He further submitted that from page-54 of the paper book it is apparent that on 21.9.2024 i.e. well before trap applicant has already submitted his report and therefore, there was no question for the complainant to give bribe to the applicant. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 5.10.2024 i.e. for last more than ten months. 6. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Lekpal and he misused his position of public servant and he not only made demand of bribe but he was also apprehended red handed by the trap team alongwith co- accused but could not dispute the fact that as per the complaint, applicant was making demand of bribe for submitting report but applicant has already submitted his report on 21.9.2024 i.e well before the alleged trap. 7. He further could not dispute the fact that applicant is having no previous criminal history and in the present matter, he is in jail for last ten months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant was posted as Lekpal and an application was moved by complainant before SDM concerned for declaring that whether land is commercial or not and that application was marked by SDM concerned to the applicant and for submitting report applicant was making demand of bribe of Rs. 10,000/- from him and thereafter he was arrested alongwith co- accused red handed on 4.10.2024 but from page-54 of the paper book it reflects well before the trap, applicant had already submitted his report on 21.9.2024. 10. Further, applicant is having no previous criminal history and in the present matter, he is in jail for last ten months. 11. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Munna Lal Yadav, 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. 15. 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. 16. 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 :- 12.8.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad