Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32591 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Sri Pawan Kumar Rao, 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.17 of 2025, under Sections 7/12 Prevention of Corruption Act, Police Station Anti Corruption Meerut, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant at the behest of co-accused Amit Kumar received bribe money of Rs. Ten Thousand from the complainant and thereafter he was apprehended red handed by Trap Team but applicant never made any demand of bribe from the complainant and the same was made by co- accused Amit Kumar, who was Steno in the Office of Assistant Labour Commissioner. 4. He further submits that from the perusal of the record of the case it reflects that co-accused Amit Kumar was the principal accused. 5. He further submits that investigation of the case has already been completed 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 10.7.2025, i.e., for almost two and half months. 6. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Pawan Kumar Rao Counsel for Opposite Party(s) : G.A. Bhuwnesh Sharma .....Applicant(s) State of U.P. .....Opposite Party(s)
7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation applicant received the bribe money from the complainant and thereafter he was apprehended red handed by Trap Team but it reflects that he did not make any demand of bribe from the complainant and the same was made by co-accused Amit Kumar, who was Steno in the Office of Assistant Labour Commissioner to release the cheque of the complainant. 9. Further, applicant is not having any other criminal history and in the present matter he is in jail since 10.7.2025, i.e., for almost two and half months. 10.
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 for punitive purpose. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant-Bhuwnesh Sharma 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. BAIL No. 32591 of 2025 2
14. 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. 15. 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 23, 2025 SKM BAIL No. 32591 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad