HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31540 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by the State is taken on record. 2. Heard Sri Sunil Vashisth, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 347 of 2025, under Section 7 P.C. Act, Police Station Sadar Bazar, District Agra during pendency of the trial. 4. Learned counsel for the applicant submits, applicant was Clerk in office of Deputy Labour Commissioner and as per allegation notices were issued to the complainant from the office of Deputy Labour Commissioner with regard to violation of labour taxes and to exonerate him from the penalty applicant made demand of bribe of Rs. 15,000/- from him and thereafter he was apprehended red handed by the Trap Team 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 his hands were washed and at police station recovery memo was prepared and this fact casts serious doubt on the trap proceedings. He further submits, investigation of the case has been completed. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 22.06.2025. 7. Per contra, learned AGA opposed the prayer for bail and submits, Versus Counsel for Applicant(s) : Sunil Vashisth Counsel for Opposite Party(s) : G.A. Pradeep Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) applicant was public servant and he not only made demand of bribe of Rs. 15,000/- but he was also apprehended red handed by the trap team but he could not dispute the fact that after trap applicant has taken to the police station and at police station his hands were washed 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 22.06.2025. 9. I have heard learned counsel for the parties and perused the record of the case. 10. As per allegation, applicant was Clerk in the office of Deputy Labour Commissioner and to exonerate the complainant from the penalty he made demand of bribe from the complainant and thereafter he was apprehended red handed by the trap team but from the FIR it also reflects, after the alleged trap applicant has taken to the police station and at police station his hands were washed 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 entire 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 22.06.2025. 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. 15. Let the applicant -Pradeep Kumar 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:- BAIL No. 31540 of 2025 2 (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. 31540 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad