HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28709 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed today on behalf of applicant is taken on record. 2. Heard Sri A.B.N. Tripathi, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 3. The instant bail application has been filed seeking release of the applicant on bail in RC1202025A0011, under Sections 7A P.C. Act, Police Station CBI Ghaziabad, District Ghaziabad during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is private person and as per allegation he made demand of bribe of Rs. 20,000/- from the complainant for the death claim of his wife being middle man of the bank and thereafter he was apprehended red handed by the C.B.I. Team while he was receiving bribe but entire allegation leveled against the applicant is totally false. 5. He further submits, in the present matter after investigation charge-sheet has been filed by the C.B.I. and from the charge-sheet it could not be reflected that applicant made any demand to induce the public servant i.e. bank official and at the worst this can be a case of cheating and fraud but charge-sheet has been filed for offence under Section 7A P.C. Act. 6. He further submits, in the present matter applicant is in jail since 05.06.2025 i.e. for last more than three months and minimum punishment provided for offence under Section 7A P.C. Act is three years and maximum punishment is seven years and he is not having any criminal history. 7. Per contra, learned counsel for CBI opposed the prayer for bail and submits, from the charge-sheet of the case it is apparent that applicant not only made demand of bribe from the complainant but he also received bribe but could not dispute the fact that he is a private person and there is no evidence that he tried to induce the public servant i.e. bank employee. He further could not dispute the fact that investigation of Versus Counsel for Applicant(s) : A.B.N.Tripathi Counsel for Opposite Party(s) : Rahul Srivastava, Sudarshan Singh, G.A. Rahmat Ali .....Applicant(s) Union Of India And Another .....Opposite Party(s) the case has already been completed and charge-sheet has been filed for offence under Section 7A P.C. Act and for offence under Section 7A P.C. Act minimum sentence is three years and maximum sentence is seven years and applicant is in jail since 05.06.2025 i.e. for last more than three months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant made demand of bribe from the complainant to clear the death claim of the wife of the complainant and thereafter he was apprehended red handed by the CBI Team while he was receiving bribe money from him but it reflects, applicant is a private person and as per allegation he was middle man of the bank and he tried to induce the bank employee but from the charge-sheet it could not be reflected that during investigation statement of any bank employee has been recorded to demonstrate that applicant intended to induce him. 10. Further, charge-sheet in the present matter has been filed for offence under Section 7A P.C. Act and for offence under Section 7A P.C. Act minimum sentence is three years while maximum sentence is seven years. 11. Further, applicant is in jail since 05.06.2025 and he is is not having any criminal history. 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 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 - Rahmat Ali 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 BAIL No. 28709 of 2025 2 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 10, 2025 AK Pandey BAIL No. 28709 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad