HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30874 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by State-respondent is taken on record. 2. Heard Sri Kamlesh Kumar Yadav, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 12 of 2025, under Sections 7 of The Prevention of Corruption Act, Police Station Anti Corruption Varanasi, District Varanasi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant was clerk in the Collectorate and as per allegation to release GPF amount of the complainant, he made demand of bribe and thereafter he was apprehended red handed by the trap team while he was receiving bribe money of Rs. 20,000/- but entire allegations levelled against the applicant are totally false. 5. He further submitted that complainant moved the compliant against the applicant on 17.7.2025 but two days before i.e. on 15.7.2025 applicant has already sent the request of GPF amount of the complainant and this fact is evident from page-54 of the paper book and therefore, there was no occasion either for the applicant to demand bribe or for the complainant to give bribe to him. 6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 19.7.2025 i.e. for last almost three months. 7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was dishonest public servant and he not only made demand of bribe but also accepted the bribe money from the complainant and he was apprehended red handed by the trap team but could not dispute the fact that as per allegation to release the GPF amount of the complainant, applicant made demand of bribe and in this regard, complainant moved a complaint against him on 17.7.2025 but on 15.7.2025 i.e. 2 days before, Versus Counsel for Applicant(s) : Kamlesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Abhinav Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) applicant had already sent application to release the GPF amount of the complainant to the concerned authority. 8. 8. Learned AGA further could not dispute the fact that applicant is having no criminal history and investigation of the case has already been completed and applicant is in jail since19.7.2025 i.e. for last almost three months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was clerk in the Collectorate and he made demand of bribe from the complainant to release his GPF amount and thereafter was apprehended red handed by the trap team but it reflects, complainant moved complaint against the applicant on 17.7.2025 and thereafter trap was made but two days before i.e. on 15.7.2025, applicant has already sent a request to release the GPF amount of the complainant to the concerned authority. 11. Further, applicant is having no criminal history and investigation of the case has already been completed and applicant is in jail for almost three months. 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 purposes. 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-Abhinav 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. 16. 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. 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 BAIL No. 30874 of 2025 2 shall have no bearing on the merits of the case during trial. October 6, 2025 Ankita BAIL No. 30874 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad