HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28958 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed by applicant is taken on record. 2. Heard Sri Rajan Mishra, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 2 of 2025 transferred as Case Crime No. 0005 of 2025, under Section 7 Prevention of Corruption Act, Police Station- Farah, District- Mathura transferred to Police Station Anti-Corruption Aligarh, District- ACO U.P. Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was Sub- Inspector at a police station and as per allegation, he was Investigating Officer in a case in which complainant was informant and to file charge sheet against the accused, he made demand of bribe from him 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, after the alleged trap applicant and complainant have been taken to another police station and at this police station hands of the applicant were washed and recovery memo was prepared and this fact casts serious doubt on the entire trap proceeding. 6. He further submitted that investigation of the case has already been concluded and charge sheet has been filed. 7. He further submitted that applicant is not having any criminal history and he is not at flight risk and he is in jail since 01.06.2025 i.e. for last four months. Versus Counsel for Applicant(s) : Rajan Mishra Counsel for Opposite Party(s) : G.A. Anil Kumar Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was dishonest public servant and he was I.O. of a case in which complainant was informant and to file charge sheet, he made demand of bribe from the complainant and thereafter he was apprehended red handed by the trap team but could not dispute the fact that after the alleged trap applicant and complainant have been taken to another police station and at this police station hands of the applicant were washed and recovery memo was prepared. 9. 9. 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 four months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, being police officer, applicant was Investigating Officer of a case in which complainant was informant and to file charge sheet, he made demand of bribe from him and thereafter he was apprehended red handed by the trap team but from the FIR it reflects, after the alleged trap applicant and complainant have been taken to another police station and at this police station recovery memo was prepared. Considering this fact, argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceeding, cannot be completely ruled out at this stage. 12. Further, investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail since 01.06.2025 i.e. for last four months. 13. 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. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Anil Kumar 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:- BAIL No. 28958 of 2025 2 (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. 17. 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. 18. 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 25, 2025 KK Patel BAIL No. 28958 of 2025 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad