High Court · 2025

1. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Rajan Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 001 of 2025 modified case crime No. 0001 of 2025, under Sections 7, 13(1)(b) and 13(2) Prevention of Corruption Act, Police Station Etmaddaula, District Nagar Commissionerate Agra transferred to Police Station Anti Corruption Agra, District ACO U.P., Agra, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that applicant was posted as clerk in the office of BSA and according to the FIR, complainant who ran a school of children moved application for recognition of his school in the office of BSA and for recognition of his school applicant made demand of bribe of Rs. One lakh and thereafter he agreed for Rs. 50,000/- before the recognition and thereafter he was apprehended red handed by the trap team on 2.1.2025 while he was receiving bribe of Rs. 50,000/- from the complainant but entire allegation levelled against the applicant is totally false.

4. He further submitted that as per procedure, recognition of any school is given by three Members Committee and admittedly applicant was neither member of the committee nor he was having any authority to give recognition to the school of the complainant and therefore, there was no occasion for the complainant to give bribe to him.

5. He further submitted that complainant had earlier moved an application for recognition of his school but on 29.1.2024 i.e. about a year before, his application had been dismissed and after dismissal of his application, he wanted that anyhow Committee approved his school and he for that purpose pressurized the applicant but when applicant refused for the same by stating that being clerk, he is not in a position to help him then with the connivance of the trap team, he implicated the applicant in the present matter. He further submits, the fact that on 29.1.2024 application for recognition moved by the complainant has been dismissed by the Committee, is evident from page-124 of the paper book.

6. He further submitted that applicant is having no criminal history and investigation of the case has already been concluded and he is in jail in the present matter since 3.1.2025 i.e. for last more than 6 months.

7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant not only made demand of bribe but he was also apprehended red handed while he was receiving bribe of Rs. 50,000/- from the complainant but could not dispute the fact that being clerk in the BSA office, applicant was not authorized to give recognition to the school of the complainant and the same authority was vested with three Members Committee.

8. He further could not dispute the fact that about a year before the alleged committee had already dismissed the application of the complainant moved for recognition of his school and this fact has not been disclosed by the complainant in his complaint.

9. He further could not dispute the fact that applicant is not having criminal history to his credit and investigation of the case has already been concluded and he is in jail in the present matter since 3.1.2025 i.e. for last more than 6 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 a clerk in the office of BSA and he made demand of bribe from the complainant to clear his application for recognition of his school pending in the office of BSA and he was arrested subsequently red handed by the trap team while he was receiving bribe of Rs. 50,000/- from him but it reflects, about a year before on 29.1.2024 application moved by complainant for recognition of his school had already been dismissed by the committee and in the complaint, complainant did not disclose this fact.

12. Further, being clerk in the office of BSA, it appears applicant was not having authority to recognize the school of complainant and it reflects, authority of the same was vested with three Members Committee.

13. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 3.1.2025 i.e for last more than 6 months and investigation of the case has already been concluded.

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

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-Harsh Shukla, 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. ANKITA SRIVASTAVA High Court of Judicature at Allahabad Order Date :- 5.8.2025/Ankita

1. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Rajan Mishra, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 001 of 2025 modified case crime No. 0001 of 2025, under Sections 7, 13(1)(b) and 13(2) Prevention of Corruption Act, Police Station Etmaddaula, District Nagar Commissionerate Agra transferred to Police Station Anti Corruption Agra, District ACO U.P., Agra, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that applicant was posted as clerk in the office of BSA and according to the FIR, complainant who ran a school of children moved application for recognition of his school in the office of BSA and for recognition of his school applicant made demand of bribe of Rs. One lakh and thereafter he agreed for Rs. 50,000/- before the recognition and thereafter he was apprehended red handed by the trap team on 2.1.2025 while he was receiving bribe of Rs. 50,000/- from the complainant but entire allegation levelled against the applicant is totally false.

4. He further submitted that as per procedure, recognition of any school is given by three Members Committee and admittedly applicant was neither member of the committee nor he was having any authority to give recognition to the school of the complainant and therefore, there was no occasion for the complainant to give bribe to him.

5. He further submitted that complainant had earlier moved an application for recognition of his school but on 29.1.2024 i.e. about a year before, his application had been dismissed and after dismissal of his application, he wanted that anyhow Committee approved his school and he for that purpose pressurized the applicant but when applicant refused for the same by stating that being clerk, he is not in a position to help him then with the connivance of the trap team, he implicated the applicant in the present matter. He further submits, the fact that on 29.1.2024 application for recognition moved by the complainant has been dismissed by the Committee, is evident from page-124 of the paper book.

6. He further submitted that applicant is having no criminal history and investigation of the case has already been concluded and he is in jail in the present matter since 3.1.2025 i.e. for last more than 6 months.

7. Per contra, learned AGA opposed the prayer for bail and submitted that applicant not only made demand of bribe but he was also apprehended red handed while he was receiving bribe of Rs. 50,000/- from the complainant but could not dispute the fact that being clerk in the BSA office, applicant was not authorized to give recognition to the school of the complainant and the same authority was vested with three Members Committee.

8. He further could not dispute the fact that about a year before the alleged committee had already dismissed the application of the complainant moved for recognition of his school and this fact has not been disclosed by the complainant in his complaint.

9. He further could not dispute the fact that applicant is not having criminal history to his credit and investigation of the case has already been concluded and he is in jail in the present matter since 3.1.2025 i.e. for last more than 6 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 a clerk in the office of BSA and he made demand of bribe from the complainant to clear his application for recognition of his school pending in the office of BSA and he was arrested subsequently red handed by the trap team while he was receiving bribe of Rs. 50,000/- from him but it reflects, about a year before on 29.1.2024 application moved by complainant for recognition of his school had already been dismissed by the committee and in the complaint, complainant did not disclose this fact.

12. Further, being clerk in the office of BSA, it appears applicant was not having authority to recognize the school of complainant and it reflects, authority of the same was vested with three Members Committee.

13. Further, applicant is not having any previous criminal history and he is in jail in the present matter since 3.1.2025 i.e for last more than 6 months and investigation of the case has already been concluded.

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

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-Harsh Shukla, 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. ANKITA SRIVASTAVA High Court of Judicature at Allahabad Order Date :- 5.8.2025/Ankita