HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30989 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by State and Rejoinder affidavit filed today by applicant, are taken on record. 2. Heard Sri Ankit Srivastava, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 7 of 2025, under Section 7 of Prevention of Corruption Act, Police Station Anti Corruption Prayagraj, District Varanasi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was Lekhpal and as per allegation, he made demand of bribe from the complainant for preparation of site plan of the property in question and thereafter he was arrested red handed by the trap team while he was receiving bribe of Rs. 5,000/- from him but entire allegation levelled against the applicant is totally false. 5. He further submitted that even from the FIR it reflects that after the alleged trap applicant was taken to police station and at police station, hands of the complaint and applicants were washed and at police station recovery memo and other documents relating to trap were prepared and this fact casts serious doubt on the trap proceeding. 6. He further submitted that applicant is having no criminal history and investigation of the case has already been completed and applicant is in jail in the present matter since 17.6.2025 i.e. for last almost four months. 7. Per contra, learned AGA opposed the prayer and submitted that it is a case of trap and applicant was arrested red handed by the trap team and he also made demand of bribe from the complainant but could not dispute the fact that from the FIR it reflects, neither hands of the applicant and complainant were washed at the spot where trap was made nor recovery memo was prepared at spot and after alleged trap applicant Versus Counsel for Applicant(s) : Ankit Srivastava, Shamsher Bahadur Maurya Counsel for Opposite Party(s) : G.A. Sitaram .....Applicant(s) State of U.P. .....Opposite Party(s) had taken to the police station and at police station hands of the applicant and complainant were washed and at police station recovery memo was prepared. 8. 8. He further could not dispute the fact that applicant is having no criminal history and investigation of the case has been completed and applicant is in jail in the present matter since 17.6.2025 i.e. for last almost four months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was posted as Lekhpal and for preparation of the site plan of the property of the complainant, he made demand of bribe of Rs. 5,000/- from him and thereafter he was apprehended red handed by the trap team but it reflects, neither hands of the applicant and complainant were washed at the spot where trap was made nor recovery memo of the alleged trap was prepared at spot. 11. Record suggests that after alleged trap applicant had taken to the police station and at police station hands of the applicant and complainant were washed and at police station recovery memo was prepared. Considering these facts, the argument advanced by learned counsel for the applicant that these facts cast serious doubt on the entire trap proceeding cannot be ruled out, at this stage. 12. Further, applicant is having no criminal history and investigation of the case has been completed and applicant is in jail in the present matter for last almost 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 for punitive purposes. 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-Sitaram, 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. BAIL No. 30989 of 2025 2 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. October 6, 2025 Ankita BAIL No. 30989 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad