HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28585 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Raghuvansh Misra, 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 Sections 7 P.C. Act, Police Station Anti Corruption Banda, District Banda during pendency of the trial. 3. Learned Senior Advocate appearing on behalf of applicant submits, applicant was Sub Inspector in U.P. Police and as per allegation he was conducting investigation of a criminal case and during investigation on the basis of information furnished by police informer, he interrogated the complainant and thereafter made demand of bribe to exonerate him in that case and thereafter he was apprehended red handed by the trap team while he was receiving bribe money of Rs. 5,000/- from the complainant but entire allegation leveled against the applicant is totally false. 4. He further submits, as during investigation being Investigating Officer of criminal case applicant called the complainant, therefore, he made him accused in the present matter with the connivance of trap team. 5. He further submits, even from the FIR it reflects, after the alleged trap applicant had taken to the police station and at police station his hands were washed and at police station recovery memo was prepared and this fact casts serous doubt on the trap proceedings. Versus Counsel for Applicant(s) : Neeja Srivastava, Raghuvansh Misra, Sr. Advocate Counsel for Opposite Party(s) : G.A. Shiv Sagar Dubey .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits, investigation of the case has been completed and applicant is not having any criminal history and in the present matter he is in jail since 15.07.2025 i.e. for last more than two months. 7. Per contra, learned AGA opposed the prayer for bail and submits, applicant was Sub Inspector in U.P. Police and he was Investigating Officer of a criminal case and to exonerate the complainant he started making demand of bribe from him and thereafter he was apprehended red handed by the trap team while he was receiving bribe of Rs. 5,000/- from him but could not dispute the fact that after the alleged trap applicant had taken to the police station and at police station his hands were washed and at police station recovery memo was prepared. 8. Learned AGA further could not dispute the fact that investigation of the case has been completed and applicant is not having any criminal history and in the present matter he is in jail since 15.07.2025 i.e. for last more than two months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. It appears, applicant was Sub Inspector in U.P. Police and as per allegation he was conducting investigation of a criminal case and during investigation name of complainant was surfaced and thereafter to exonerate him, he made demand of bribe of Rs. 5,000/- from him and thereafter he was apprehended red handed by the trap team but from the FIR it reflects, after the alleged trap applicant had taken to police station and at police station hands of the applicant and complainant were washed and at police station recovery memo was prepared. Considering these facts, this Court finds merit in the argument advanced by learned counsel for applicant that these facts cast serous doubt on the trap proceedings. 11. Further, investigation of the case has been completed and applicant is not having any criminal history and in the present matter he is in jail since 15.07.2025 i.e. for last more than months. 12. 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. 13. Therefore, considering the facts and circumstances of the case discussed BAIL No. 28585 of 2025 2 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 - Shiv Sagar Dubey 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. September 24, 2025 AK Pandey BAIL No. 28585 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad