High Court · 2025

1. Heard Sri Sunil Kumar, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2025, converted case crime No. 02 of 2025, under Section 7 of Prevention of Corruption Act as amended in the year 2018, Police Station Tronika City, District Commissionerate Ghaziabad converted police station Anti Corruption, Meerut Region, Meerut, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that applicant was posted as Sub Inspector in U.P. Police and as per allegation he was Investigating Officer of a case in which complainant of the case was one of the accused and to exonerate him from the criminal case, he made demand of bribe from him and thereafter on 21.1.2025 he was apprehended red handed by the trap team while he was receiving Rs. 20,000/- from him but entire allegation is totally false.

4. He further submitted that actually applicant was conducting the investigation in accordance with law and when complainant came to know that charge sheet is going to file against him then he moved an application against the applicant before the higher authority and on his application a report was called from the applicant and applicant on 26.12.2024 submitted a detailed report which has been annexed at page-66 of the paper book and from the report dated 26.12.2024 submitted by the applicant, it reflects, investigation of the case had almost concluded and applicant was going to file charge sheet against the complainant and others and when complainant came to know about the report submitted by applicant dated 26.12.2024 then he on 18.1.2025 moved a false complaint against applicant and thereafter he implicated the applicant in the present matter with the connivance of the trap team.

5. He further submitted that as on 26.12.2024 applicant has already submitted report to his higher authority disclosing the fact that he is going to file charge sheet against the complainant, therefore, there was no occasion for the applicant to make demand of bribe from the complainant and even there was no question for the complainant to give bribe to him.

6. He further submitted that service record of the applicant, till the date of alleged trap, was unblemished and apart from the present case, applicant is having no criminal history to his credit and in the present matter, he is in jail since 22.1.2025 i.e. for last seven months.

7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Sub Inspector in police and he misused his position and he not only made demand of bribe but was also apprehended red handed by the trap team but could not dispute the fact that as per the complainant, he was accused in a criminal case and applicant was the Investigating Officer of that case and to exonerate him he was making demand of bribe but even before filing complaint and before trap on 26.12.2024 applicant has already submitted his report to the higher officer disclosing the fact that he is going to file charge sheet against the complainant and others.

8. He further could not dispute the fact that apart from the present case, applicant is having no criminal history to his credit and in the present matter, applicant is in jail for last seven months.

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

10. However, as per allegation, applicant was police Sub Inspector and he was Investigating Officer of the case in which complainant of the case was one of the accused and he made demand of bribe from him to exonerate him and thereafter he was arrested red handed on 21.1.2025 by the trap team but it reflects from page-66 of the paper book that applicant had already submitted his report on the application moved by the complainant to the higher authority and from the report, it reflects that he has already completed the investigation and he was going to file charge sheet against the complainant and others. Considering this fact the argument advanced by learned counsel for the applicant cannot be ruled out, at this stage.

11. Further, applicant is not having any criminal history and in the present matter, he is in jail for last seven months.

12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes.

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

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

15. Let the applicant-Munna Lal Sagar, 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.

16. 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.

17. 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 :- 13.8.2025 Ankita ANKITA SRIVASTAVA High Court of Judicature at Allahabad

1. Heard Sri Sunil Kumar, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 38 of 2025, converted case crime No. 02 of 2025, under Section 7 of Prevention of Corruption Act as amended in the year 2018, Police Station Tronika City, District Commissionerate Ghaziabad converted police station Anti Corruption, Meerut Region, Meerut, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that applicant was posted as Sub Inspector in U.P. Police and as per allegation he was Investigating Officer of a case in which complainant of the case was one of the accused and to exonerate him from the criminal case, he made demand of bribe from him and thereafter on 21.1.2025 he was apprehended red handed by the trap team while he was receiving Rs. 20,000/- from him but entire allegation is totally false.

4. He further submitted that actually applicant was conducting the investigation in accordance with law and when complainant came to know that charge sheet is going to file against him then he moved an application against the applicant before the higher authority and on his application a report was called from the applicant and applicant on 26.12.2024 submitted a detailed report which has been annexed at page-66 of the paper book and from the report dated 26.12.2024 submitted by the applicant, it reflects, investigation of the case had almost concluded and applicant was going to file charge sheet against the complainant and others and when complainant came to know about the report submitted by applicant dated 26.12.2024 then he on 18.1.2025 moved a false complaint against applicant and thereafter he implicated the applicant in the present matter with the connivance of the trap team.

5. He further submitted that as on 26.12.2024 applicant has already submitted report to his higher authority disclosing the fact that he is going to file charge sheet against the complainant, therefore, there was no occasion for the applicant to make demand of bribe from the complainant and even there was no question for the complainant to give bribe to him.

6. He further submitted that service record of the applicant, till the date of alleged trap, was unblemished and apart from the present case, applicant is having no criminal history to his credit and in the present matter, he is in jail since 22.1.2025 i.e. for last seven months.

7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant was Sub Inspector in police and he misused his position and he not only made demand of bribe but was also apprehended red handed by the trap team but could not dispute the fact that as per the complainant, he was accused in a criminal case and applicant was the Investigating Officer of that case and to exonerate him he was making demand of bribe but even before filing complaint and before trap on 26.12.2024 applicant has already submitted his report to the higher officer disclosing the fact that he is going to file charge sheet against the complainant and others.

8. He further could not dispute the fact that apart from the present case, applicant is having no criminal history to his credit and in the present matter, applicant is in jail for last seven months.

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

10. However, as per allegation, applicant was police Sub Inspector and he was Investigating Officer of the case in which complainant of the case was one of the accused and he made demand of bribe from him to exonerate him and thereafter he was arrested red handed on 21.1.2025 by the trap team but it reflects from page-66 of the paper book that applicant had already submitted his report on the application moved by the complainant to the higher authority and from the report, it reflects that he has already completed the investigation and he was going to file charge sheet against the complainant and others. Considering this fact the argument advanced by learned counsel for the applicant cannot be ruled out, at this stage.

11. Further, applicant is not having any criminal history and in the present matter, he is in jail for last seven months.

12. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purposes.

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

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

15. Let the applicant-Munna Lal Sagar, 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.

16. 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.

17. 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 :- 13.8.2025 Ankita ANKITA SRIVASTAVA High Court of Judicature at Allahabad