HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28508 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Indra Deo Mishra, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 05 of 2025, under Section 7 P.C. Act and Section 215 B.N.S., Police Station Anti Corruption Mirzapur ACOUP, District Mirzapur during pendency of the trial. 3. Learned counsel for the applicant submits, applicant was Lekhpal and as per allegation to provide possession over the land of the complainant he made demand of bribe of Rs. 10,000/- and thereafter he was apprehended by the Trap Team while he was receiving bribe money from him but entire allegation leveled against the applicant is totally false. 4. He further submits, even from the FIR it reflects, after the arrest of the applicant he has taken to the police station and at police station even hands of the complainant were washed and recovery memo was prepared and this fact casts serious doubt on the entire trap proceedings. 5. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 26.07.2025 i.e. for last two months and investigation of the case has already been completed. 6. Per contra, learned Brief Holder opposed the prayer for bail and submits, applicant was Lekhpal and he was public servant and he not only made Versus Counsel for Applicant(s) : Alok Kumar Dwivedi, Indra Deo Mishra, Pankaj Kumar Tiwari, Shushil Kumar Mishra Counsel for Opposite Party(s) : G.A. Vivek Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) demand of bribe but bribe money was also recovered from his possession and he was apprehended red handed by the Trap Team but could not dispute the fact that recovery memo of alleged trap has not been prepared at spot. 7. Learned AGA further could not dispute the fact that even hands of the complainant have not been washed at the place where trap was made and his hands were washed at police station and even recovery memo of trap was also prepared at police station. 8. Learned AGA further could not dispute the fact that investigation of the case has been completed and charge-sheet has been filed and applicant is not having any criminal history and in the present matter he is in jail since 26.07.2025 i.e. for last two months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant was Lekhpal and he made demand of bribe of Rs. 10,000/- from the complainant to provide possession over his land and thereafter he was apprehended red handed by the trap team but it reflects, recovery memo of trap proceedings has not been prepared at spot where trap was made and same was prepared at police station. 11. Record also suggests however applicant himself did not receive the bribe money and on his instructions bribe money was kept on the boot of his motorcycle but even the hands of the complainant have not been washed at the place where trap was made and his hands were also washed at police station. 12. Considering the above facts, the argument advanced by learned counsel for applicant that these facts casts serious doubt on entire trap, cannot be ruled out at this stage. 13. Further, investigation of the case has been completed and charge-sheet has been filed and applicant is not having any criminal history and in the present matter he is in jail since 26.07.2025 i.e. for last two months. 14. 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. BAIL No. 28508 of 2025 2 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Vivek Kumar Mishra 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. 18. 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. 19. 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. September 18, 2025 AK Pandey BAIL No. 28508 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad