HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28663 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by the State and rejoinder affidavit filed by the applicant are taken on record. 2. Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 07 of 2025, under Sections 7 P.C. Act, Police Station Anti Corruption, District Varanasi during pendency of the trial. 4. Learned counsel for applicant submits, applicant was Revenue Inspector and as per allegation for measurement of the land of the complainant he made demand of bribe of Rs. 15,000/- from him and thereafter he was apprehended by the trap team but entire allegation leveled against the applicant is totally false. 5. He further submits, from the FIR it reflects, applicant was apprehended on 11.06.2025 at 9.37 hours but FIR of the present case was lodged on 12.06.2025 at 06.48 hours i.e. after 21 hours. He further submits, even from the FIR it reflects, after the alleged trap applicant has taken to police station and at police station recovery memo was prepared and these facts casts serious doubt on the entire trap proceedings. 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 12.06.2025 i.e. for last more than three months. Versus Counsel for Applicant(s) : Manvendra Singh, Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Mahendra Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA opposed the prayer for bail and submits, applicant was Revenue Inspector and he made demand of bribe of Rs. 15,000/- from the complainant and thereafter he was apprehended red handed by the trap team but could not dispute, FIR of the present case was lodged next day. 8. Learned AGA further could not dispute the fact that from the FIR it also reflects, after the alleged trap applicant has taken to the police station and at police station the recovery memo was prepared. 9. 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 12.06.2025 i.e. for last more than three months. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, being Revenue Inspector (Kanoongo) for measurement of land applicant made demand of bribe from the complainant and thereafter he was apprehended red handed by the trap team but it reflects, FIR of the present case was lodged after 21 hours from the alleged date and time of trap. 12. Further, it also reflects, after the alleged trap applicant had taken to police station and at police station recovery memo of the trap was prepared. Considering above facts, this Court finds merit in the argument advanced by learned counsel for the applicant that entire trap proceeding appears to be doubtful. 13. 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 12.06.2025 i.e. for last more than three 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. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. BAIL No. 28663 of 2025 2 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Mahendra Kumar Singh 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 24, 2025 AK Pandey BAIL No. 28663 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad