HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33001 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Nikhil Kumar, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.04 of 2025, under Section 7 Prevention of Corruption Act, 1988, Police Station Anti Corruption Ayodhya, District Ayodhya during pendency of the trial. 3. Learned counsel for the applicant submits that applicant was posted as Clerk in the office of DIOS, Sultanpur and as per allegation he made demand of bribe of Rs. Five Thousand from the complainant for the sanction of his GPF amount and thereafter he was apprehended red handed but entire allegations levelled against the applicant are totally false. 4. He further submits that from the FIR it reflects that after the alleged trap applicant has taken to two kilometers away and at this place his hands were washed and thereafter he was taken to Police Station and at Police Station the alleged recovered money was sealed and thereafter videography was made and after that recovery memo was prepared. He next submits that these facts cast serious doubt on the entire trap proceedings. 5. He further submits that investigation of the case has already been concluded and applicant is not having any previous criminal history and in the present matter he is in jail since 8.7.2025, i.e., for the last two and half months. 6. Per contra, learned AGA opposed the prayer for bail and submits that Versus Counsel for Applicant(s) : Nikhil Kumar, Vagish Yadav Counsel for Opposite Party(s) : Ajay Kumar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) applicant was dishonest public servant and he made demand of bribe from the complainant and thereafter he was also apprehended red handed by trap team but could not dispute the fact that after trap firstly applicant and complainant were taken to two kilometers away and at this place their hands were washed and thereafter they were taken to Police Station and at Police Station alleged recovered money was sealed and thereafter recovery memo was prepared. 7. 7. He further could not dispute the fact that investigation has already been concluded and applicant is not having any previous criminal history and in the present matter he is in jail for the last two and half months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Applicant was posted as Clerk in the DIOS Office and as per allegation to release GPF fund of the complainant, he made demand of bribe of Rs.Five Thousand from him and thereafter he was arrested red handed by the Trap Team but from the FIR it reflects that after trap applicant and complainant were taken to two kilometers away and at this place their hands were washed and thereafter they were taken to the Police Station and at Police Station alleged recovered bribe money of Rs.Five Thousand were seized and sealed and after that recovery memo was prepared. Considering these facts this Court finds merit in the argument advanced by the learned counsel for the applicant that entire trap proceedings prima facie becomes doubtful. 10. Further, investigation of the case has already been concluded and charge sheet has been filed and applicant is not having any previous criminal history and in the present matter he is in jail since 8.7.2025, i.e., for the last two and half months. 11. Further, law is settled that unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed either for punitive or preventive purpose. 12.Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. BAIL No. 33001 of 2025 2 14. Let the applicant-Ajay Kumar Yadav 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. 15. 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. 16. 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. September 24, 2025 SKM BAIL No. 33001 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad