High Court · 2025

2. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 7, 13(1)B and 13(2) Prevention of Corruption Act, Police Station- Anti-corruption, District- Prayagraj, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that applicant is accountant in the office of Chief Treasury Officer and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant to transfer the pension account of his mother and thereafter he was apprehended red handed by the trap-team on 20.12.2024 while he was receiving bribe of Rs. 5,000/- from him but entire allegation levelled against the applicant is totally false.

5. He further submitted that actually pension account of mother of the complainant could only be transferred after her physical verification but for physical verification his mother was not appearing in the office and when she appeared on 27.01.2025 in the office for physical verification then immediately her pension account has been transferred and this fact is evident from page nos. 78 and 79 of the paper book, which are the part of case diary.

6. He further submitted that there is no evidence that when demand of bribe was being made by the applicant from the complainant then he made any complaint to his higher officer and, therefore, prima facie, it reflects, on the basis of false allegation applicant has been made accused in the present matter. He further submitted that service record of the revisionist was unblemished till the date of trap.

7. He further submitted that investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail in the present matter since 21.12..2024 i.e. for last almost seven months.

8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he received bribe of Rs. 5,000/- from the complainant and he was apprehended red handed by the trap-team while he was receiving bribe from the him and at this stage proceeding of trap cannot be doubted but could not dispute the fact that however, as per allegation, bribe was being made by the applicant to transfer the pension account of mother of the complainant but from the parchas of the case diary, which have been annexed along with the instant bail application, it reflects, mother of the complainant was not appearing before the competent authority for physical verification, therefore, earlier her pension account could not be transferred and when she appeared on 27.01.2025 then her pension account has been transferred.

9. He further could not dispute the fact that service record of the applicant is unblemished and he is not having any criminal history and he is in jail in the present matter for last almost seven months.

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

11. However, as per allegation, applicant was posted as accountant in Chief Treasury Officer and he made demand of bribe of Rs. 5,000/- from the complainant to transfer pension account of his mother and thereafter he was apprehended red handed on 20.12.2024 by the trap-team while he was receiving bribe from him but from page nos. 78 and 79 of the paper book, which are the parchas of case diary, it reflects, on 06.06.2024 mother of the complainant gave information of the death of her husband with a prayer for commencement of her family pension and thereafter she did not appear before the competent authority for physical verification and when she appeared on 27.01.2025 then her pension account has been transferred. Considering this fact the argument advanced by learned counsel for the applicant that as mother of the complainant was not appearing before the competent authority for physical verification, therefore, her pension account could not be transferred earlier and applicant never made any demand of bribe and he has been falsely implicated with the connivance of trap-team, cannot be completely ruled out at this stage.

12. Further, service record of the applicant is unblemished and he is not having any criminal history and he is in jail in the present matter since 21.12..2024 i.e. for last almost seven months.

13. 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.

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

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

16. Let the applicant- Ajay Kumar Tripathi 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.

17. 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.

18. 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 :- 10.7.2025 KK Patel KRISHN KANT PATEL KRISHN KANT PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State-respondent.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 11 of 2024, under Sections 7, 13(1)B and 13(2) Prevention of Corruption Act, Police Station- Anti-corruption, District- Prayagraj, during pendency of the trial in the court below.

4. Learned counsel for the applicant submitted that applicant is accountant in the office of Chief Treasury Officer and as per allegation, he made demand of bribe of Rs. 5,000/- from the complainant to transfer the pension account of his mother and thereafter he was apprehended red handed by the trap-team on 20.12.2024 while he was receiving bribe of Rs. 5,000/- from him but entire allegation levelled against the applicant is totally false.

5. He further submitted that actually pension account of mother of the complainant could only be transferred after her physical verification but for physical verification his mother was not appearing in the office and when she appeared on 27.01.2025 in the office for physical verification then immediately her pension account has been transferred and this fact is evident from page nos. 78 and 79 of the paper book, which are the part of case diary.

6. He further submitted that there is no evidence that when demand of bribe was being made by the applicant from the complainant then he made any complaint to his higher officer and, therefore, prima facie, it reflects, on the basis of false allegation applicant has been made accused in the present matter. He further submitted that service record of the revisionist was unblemished till the date of trap.

7. He further submitted that investigation of the case has already been concluded and applicant is not having any criminal history and he is in jail in the present matter since 21.12..2024 i.e. for last almost seven months.

8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was public servant and he received bribe of Rs. 5,000/- from the complainant and he was apprehended red handed by the trap-team while he was receiving bribe from the him and at this stage proceeding of trap cannot be doubted but could not dispute the fact that however, as per allegation, bribe was being made by the applicant to transfer the pension account of mother of the complainant but from the parchas of the case diary, which have been annexed along with the instant bail application, it reflects, mother of the complainant was not appearing before the competent authority for physical verification, therefore, earlier her pension account could not be transferred and when she appeared on 27.01.2025 then her pension account has been transferred.

9. He further could not dispute the fact that service record of the applicant is unblemished and he is not having any criminal history and he is in jail in the present matter for last almost seven months.

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

11. However, as per allegation, applicant was posted as accountant in Chief Treasury Officer and he made demand of bribe of Rs. 5,000/- from the complainant to transfer pension account of his mother and thereafter he was apprehended red handed on 20.12.2024 by the trap-team while he was receiving bribe from him but from page nos. 78 and 79 of the paper book, which are the parchas of case diary, it reflects, on 06.06.2024 mother of the complainant gave information of the death of her husband with a prayer for commencement of her family pension and thereafter she did not appear before the competent authority for physical verification and when she appeared on 27.01.2025 then her pension account has been transferred. Considering this fact the argument advanced by learned counsel for the applicant that as mother of the complainant was not appearing before the competent authority for physical verification, therefore, her pension account could not be transferred earlier and applicant never made any demand of bribe and he has been falsely implicated with the connivance of trap-team, cannot be completely ruled out at this stage.

12. Further, service record of the applicant is unblemished and he is not having any criminal history and he is in jail in the present matter since 21.12..2024 i.e. for last almost seven months.

13. 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.

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

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

16. Let the applicant- Ajay Kumar Tripathi 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.

17. 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.

18. 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 :- 10.7.2025 KK Patel KRISHN KANT PATEL KRISHN KANT PATEL High Court of Judicature at Allahabad High Court of Judicature at Allahabad