HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28868 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Dileep Kumar, learned Senior Advocate assisted by Shambhawi Shukla, learned counsel for the applicant, Sri Shatrughna Yadav, learned AGA for the State-respondent and Sri Rahul Srivastava, learned counsel for C.B.I. 2. The instant application has been filed seeking release of the applicant on bail in RC No.1202025A0007, under Sections- 61(2) BNS r/w 7, 7A Prevention of Corruption Act & Substantive offence under Section 7 Prevention of Corruption Act (Related to Special Case No. 583 of 2025 CBI vs. Abhishek, Vivek Kumar Singh & others) Police Station- CBI/ACB/Ghaziabad during pendency of the trial in the court below. 3. Learned Senior advocate appearing on behalf of applicant submitted that applicant was Inspector in C.G.S.T. Department and on 7.4.2025 a complaint was moved by the complainant before C.B.I. that he moved an application for allotment of C.G.S.T. number and when he met with the applicant then applicant instructed him to contact one Abhishek and thereafter co-accused Abhishek started making demand of bribe of Rs. 6,000 and after complaint dated 7.4.2025, FIR was lodged on the same day i.e. on 7.4.2025 at 16:00 hours and within half an hour pre-trap proceeding was conducted by C.B.I. at 16:30 hours at Baghpat and thereafter post-trap proceeding memorandum was prepared at 17:05 hours and co-accused Abhishek was arrested and thus, it appears, applicant neither made demand of bribe nor he accepted the bribe money. Versus Counsel for Applicant(s) : Rajrshi Gupta, Shambhawi Shukla, Sr. Advocate Counsel for Opposite Party(s) : G.A., Rahul Srivastava Vivek Kumar Singh .....Applicant(s) Central Bureau Of Investigation And Another .....Opposite Party(s) 4. He further submitted that from the pre-trap proceeding, it reflects, it was conducted in Baghpat in presence of complainant but from the FIR, it reflects, till lodgement of FIR i.e. till 16:00 hours complainant was present in Ghaziabad and therefore, it reflects, complainant within half an hour covered the distance of about 65 Kms. as distance between Ghaziabad and Baghpat is 65 Km., which is improbable and therefore, pre-trap proceeding appears to be false. 5. He further submitted that even from the post-trap memorandum, it reflects, applicant never accepted any bribe from the complainant and from the car of the complainant bribe money was recovered and in the car co- accused Abhishek was sitting. 6. He further submitted that even there is no evidence that co-accused Abhishek received the bribe money. 7. He further submitted that in spite of the above facts, applicant has been made accused in the present matter by CBI and court concerned also rejected the bail application of applicant. 8. He further submitted that applicant is responsible public servant and he neither ever made demand of bribe nor on his behest any one received bribe. 9. He further submitted that investigation of the case has already been completed and charge sheet has been filed and applicant is in jail in the present matter since 9.4.2025 i.e. for last more than five months. 10. Per contra, learned counsel for C.B.I. opposed the prayer and submitted that applicant is dishonest public servant and he through co-accused Abhishek made demand of bribe and thereafter through Abhishek also received bribe money but could not dispute the fact that from the record, it could not be reflected that either applicant himself made any demand of bribe or he accepted the bribe money. 11. He however, further submitted that from pre-trap proceeding, it reflects, there were some conversations between complainant, applicant and co- accused Abhishek, which show his involvement but could not dispute the fact that FIR of the present case was lodged on 7.4.2025 at 16:00 hours in Ghaziabad and at that time complainant was present there and within half an hour at 16:30 hours pre-trap proceeding was conducted in Baghpat, which was about 65 Km. away from Ghaziabad. BAIL No. 28868 of 2025 2 12. I have heard both the parties and perused the record of the case. 13. Applicant was Inspector in C.G.S.T. Department and as per allegation made by C.B.I., he made demand of bribe from the complainant through co- accused Abhishek and thereafter co-accused Abhishek was apprehended by the C.B.I. but from the record, it could not be reflected, either applicant himself made demand of bribe or he himself received the bribe. 14. Further, it appears that FIR was lodged on 7.4.2025 at 16:00 hours at Ghaziabad and till lodgement of FIR, complainant was present at Ghaziabad but surprisingly within half an hour pre-trap proceeding was conducted at Baghpat about 65 Km. away from District-Ghaziabad. Considering this fact the argument advanced by learned counsel for the applicant that entire pre- trap proceeding appears to be doubtful, cannot be completely ruled out at this stage. 15. Further, investigation of the case has been completed and charge sheet has been filed and applicant is not having any criminal history and he is in jail in the present matter since 9.4.2025 i.e. for last more than five months. 16. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicant- Vivek 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 BAIL No. 28868 of 2025 3 with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 20. 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. 21. 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 17, 2025 KK Patel BAIL No. 28868 of 2025 4 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad