Neutral Citation No. - 2025:AHC:89464 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34671 of 2024 Applicant :- Chitransh Ranjan Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay,Pankaj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.08 of 2024, under Section 7/13(1)kha read with Section 13(2) of Prevention of Corruption Act, Police Station Anti-Corruption, District Gorakhpur, during the pendency of trial. 3. As per prosecution case, in brief, on the complaint of complainant Amit Kumar Singh, F.I.R. was lodged on 20.07.2024 making allegation inter-alia that the applicant is posted on the post of Clerk in Unani Medical College, Moradabad and he was caught red handed while accepting the bribe amount of Rs.10,000/-. 4. It is argued by learned counsel for the applicant that the applicant and Amit Kumar Singh were close friends to each other. It is further submitted that the applicant had given total Rs.59,900/- to the complainant on different dates through cash as well as phonepe since 2022. The said amount has been stated in paragraph no.17 of the affidavit mentioning inter-alia that on 25.04.2022, 27.04.2022, 29.04.2022, 16.01.2024, 17.02.2024, 29.03.2024, 15.04.2024, 21.04.2024, 24.05.2024, 16.07.2024 and 17.07.2024 the applicant had given cash amount of Rs.15,000/-, Rs.10,000/-, Rs.5,000/-, Rs.500/-, Rs.500/-, Rs.3,000/-, Rs.1500/-, Rs.5000/-, Rs.1700/-, Rs.500/-, Rs.500/- respectively and on 09.04.2023, 03.05.2024 & 26.06.2024, he had given sum of Rs.1000/-, Rs.13,000/-, Rs.700/- to the complainant through phonepe. Since on making demand of said amount, some differences arose between the applicant and complainant, hence he in order to settle his personal score, got trap proceedings initiated on the false and concocted facts and under the garve of return of applicant's money, he got applicant trapped in a pre plan manner. It is also pointed out that till date, charge has not been framed against the applicant whereas the applicant is languishing in jail since 20.07.2024 having no criminal history to his credit, hence he may be enlarged on bail. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail in the light of F.I.R. but the counter affidavit, the contents of paragraph no.17 have not been denied. 6. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the contents of paragraph no.17 of the affidavit has not been denied by the State, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 7. Let the applicant- Chitransh Ranjan Srivastava, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 9. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 26.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad