High Court · 2025

3. Learned counsel for the applicant submitted that applicant was posted as Clerk in the office of Block Education Officer and as per allegation, for GPF payment of complainant, he was making demand of Rs. 2 lakhs from him and subsequently he agreed to accept Rs. one lakh before the payment and thereafter he was arrested red handed by the trap team while he was receiving bribe from the complainant but entire allegations levelled against the applicant are totally false.

4. He further submitted that from the FIR, it reflects, complainant moved application against the applicant on 05.09.2024 but from page no. 60 of the paper book, it reflects, on 13.01.2024 i.e. well before the application moved by the complainant, from the office of Block Education Officer letter has been issued with regard to final GPF payment of the complainant, therefore, there was no occasion for the complainant to give bribe to the applicant.

5. He further submitted that the gratuity amount of Rs. 20 lakhs of the complainant has been cleared by the office of applicant and after receiving the amount of Rs. 20 lakhs, he met with the applicant and started blaming him that he reduced his GPF amount and thereafter implicated him in the present matter with the help of trap team.

6. He further submitted that even from the FIR, it reflects, after the alleged trap, applicant has been taken to vigilance office, where his hands were washed and thereafter recovery memo and other documents related to trap have been prepared and this fact casts serious doubt on the entire trap proceedings.

7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year.

8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he misused his position and he not only made demand of bribe but huge bribe amount of Rs. one lakh has also been recovered from his possession but could not dispute the fact that as per complainant, applicant was making demand of bribe for making payment of his GPF amount and from page no. 60 of the paper book, it reflects, well before the trap, from the office of applicant a letter has been issued with regard to GPF amount of the applicant.

9. He further could not dispute the fact that after the alleged trap, applicant has been taken to vigilance office, where his hands were washed and recovery memo and other documents related to trap have been prepared. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost a year.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant was posted as clerk in the office of Block Education Officer and as per allegation, he made demand of bribe from the complainant to clear payment of his GPF amount and thereafter he was arrested red handed by the trap team and from his possession Rs. one lakh bribe money was also recovered but it reflects, well before the alleged trap, on 13.01.2024 from the office of Block Education Officer letter has been issued with regard to final GPF payment of the complainant. Considering this fact, the argument advanced by learned counsel for the applicant that there was no occasion for the complainant to give bribe to the applicant, who was posted in the office of Block Education Officer, cannot be completely ruled out at this stage.

12. Further, from the FIR, it reflects, after the alleged trap, applicant has been taken to vigilance office, where his hands have been washed and recovery memo and other documents related to trap have been prepared. Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceedings, cannot be completely ruled out at this stage.

13. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year.

14. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Amrendra Pratap Singh 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.

18. 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.

19. 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. Order Date :- 20.8.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad

3. Learned counsel for the applicant submitted that applicant was posted as Clerk in the office of Block Education Officer and as per allegation, for GPF payment of complainant, he was making demand of Rs. 2 lakhs from him and subsequently he agreed to accept Rs. one lakh before the payment and thereafter he was arrested red handed by the trap team while he was receiving bribe from the complainant but entire allegations levelled against the applicant are totally false.

4. He further submitted that from the FIR, it reflects, complainant moved application against the applicant on 05.09.2024 but from page no. 60 of the paper book, it reflects, on 13.01.2024 i.e. well before the application moved by the complainant, from the office of Block Education Officer letter has been issued with regard to final GPF payment of the complainant, therefore, there was no occasion for the complainant to give bribe to the applicant.

5. He further submitted that the gratuity amount of Rs. 20 lakhs of the complainant has been cleared by the office of applicant and after receiving the amount of Rs. 20 lakhs, he met with the applicant and started blaming him that he reduced his GPF amount and thereafter implicated him in the present matter with the help of trap team.

6. He further submitted that even from the FIR, it reflects, after the alleged trap, applicant has been taken to vigilance office, where his hands were washed and thereafter recovery memo and other documents related to trap have been prepared and this fact casts serious doubt on the entire trap proceedings.

7. He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year.

8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he misused his position and he not only made demand of bribe but huge bribe amount of Rs. one lakh has also been recovered from his possession but could not dispute the fact that as per complainant, applicant was making demand of bribe for making payment of his GPF amount and from page no. 60 of the paper book, it reflects, well before the trap, from the office of applicant a letter has been issued with regard to GPF amount of the applicant.

9. He further could not dispute the fact that after the alleged trap, applicant has been taken to vigilance office, where his hands were washed and recovery memo and other documents related to trap have been prepared. He further could not dispute the fact that applicant is not having any criminal history and he is in jail in the present matter for last almost a year.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, applicant was posted as clerk in the office of Block Education Officer and as per allegation, he made demand of bribe from the complainant to clear payment of his GPF amount and thereafter he was arrested red handed by the trap team and from his possession Rs. one lakh bribe money was also recovered but it reflects, well before the alleged trap, on 13.01.2024 from the office of Block Education Officer letter has been issued with regard to final GPF payment of the complainant. Considering this fact, the argument advanced by learned counsel for the applicant that there was no occasion for the complainant to give bribe to the applicant, who was posted in the office of Block Education Officer, cannot be completely ruled out at this stage.

12. Further, from the FIR, it reflects, after the alleged trap, applicant has been taken to vigilance office, where his hands have been washed and recovery memo and other documents related to trap have been prepared. Considering this fact, the argument advanced by learned counsel for the applicant that this fact casts serious doubt on the entire trap proceedings, cannot be completely ruled out at this stage.

13. Further, applicant is not having any criminal history and he is in jail in the present matter since 06.09.2024 i.e. for last almost a year.

14. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose.

15. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

17. Let the applicant- Amrendra Pratap Singh 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.

18. 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.

19. 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. Order Date :- 20.8.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad