Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30174 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Counter affidavit filed by the State and supplementary affidavit filed by the applicant are taken on record. 2. Heard Sri Manish Tiwary, learned Senior Advocate assisted by Sri Abhisht Jaiswal, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 13 of 2025, under Sections 7/12 P.C. Act, Police Station Anti Corruption, District Varanasi during pendency of the trial. 4. Learned Senior Advocate appearing on behalf of applicant submits, however, applicant has been made accused in the present matter along with others but even from the FIR it could not be reflected that either he himself made any demand of bribe or he accepted any bribe money and only allegation against him is that when complainant after taking the bribe money entered in the office then applicant was present in the office along with J.E. Ashok Kumar and he told him that he should comply the instructions given by J.E. Ashok Kumar and except this there is no other allegation against the applicant on record. 5. 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 19.07.2025 i.e. for last more than two months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute Versus Counsel for Applicant(s) : Abhisht Jaiswal, Atharva Dixit, Vikas Pandey Counsel for Opposite Party(s) : G.A. Gaurav Jayprakash Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
the fact that from the FIR it could not be reflected that either applicant himself made any demand of bribe or he accepted the bribe money. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant involved in the present case along with other accused but from the FIR it could not be reflected that either he himself made demand of bribe or he accepted the bribe money. 9.
Further, investigation of the case has been completed and charge-sheet has been filed and applicant is not having any criminal history and in the present matter he is in jail since 19.07.2025 i.e. for last more than two months. 10. 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. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Gaurav Jayprakash 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. 14. 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. BAIL No. 30174 of 2025 2
15. 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. 30174 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad