HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31586 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by the State is taken on record. 2. Heard Sri S.B. Yadav, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 001 of 2025, under Section 7 P.C. Act, Police Station Mahuakheda, District Aligarh converted Case Crime No. 006 of 2025, under Section 7 P.C. Act, Police Station Anti Corruption, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was Junior Engineer in Jal Nigam and as per allegation, firm of the complainant was sub contractor and when the work of lying the pipe line was completed by the firm of the complainant then to release the fund in favour of complainant, applicant made demand of bribe of Rs. 16,000/- and thereafter he was apprehended red handed while he was receiving bribe of Rs. 10,000/- from the complainant but entire allegation leveled against the applicant is totally false. 5. He further submits, even from the FIR it reflects, after the alleged trap applicant has taken to the police station and at police station the alleged recovered money was seized and sealed and at police station recovery memo of the alleged trap was prepared and these facts casts serious doubt on the trap proceedings. 6. He further submits, investigation of the case has been completed and Versus Counsel for Applicant(s) : Shiv Bahadur Yadav Counsel for Opposite Party(s) : G.A. Rohit Sahu .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is not having any criminal history and in the present matter he is in jail since 08.07.2025. 7. Per contra, learned AGA opposed the prayer for bail and submits, applicant was dishonest public servant and he not only made demand of bribe but he was also apprehended red handed while he was receiving bribe money from the complainant but could not dispute the fact that after the trap applicant has taken to the police station and at police station recovery memo was prepared. 8. 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 08.07.2025. 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 Junior Engineer in the Jal Nigam and he made demand of bribe of Rs. 16,000/- from the complainant to release the fund in favour of his firm and subsequently he was apprehended red handed while he was receiving bribe money of Rs. 10,000/- from him but from the FIR it reflects, after the alleged trap applicant has taken to the police station and at police station alleged recovered bribe money was seized and sealed and at police station recovery memo was prepared. Considering these facts, the argument advanced by learned counsel for applicant that these facts casts serious doubt on the trap proceedings cannot be ruled out. 11. 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 08.07.2025. 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 purpose. 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. BAIL No. 31586 of 2025 2 15. Let the applicant -Rohit Sahu 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 shall have no bearing on the merits of the case during trial. October 7, 2025 AK Pandey BAIL No. 31586 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad